PRESENT: CARNI, J.P., LINDLEY, CURRAN, NEMOYER, AND SCUDDER, JJ.

DOCKET NO. CA 16-01183
(INDEX NO. CA2014-2463.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF SHANNON STEIN, CONSECUTIVE NO. 445041 FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.09, PETITIONER-APPELLANT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person, for assignment of counsel other than Mental Hygiene Legal Service, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 17, 2016,

Now, upon reading and filing the affirmation of Bryce Therrien, Esq., dated July 7, 2016, the affidavit of Shannon Stein sworn to June 28, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel other than Mental Hygiene Legal Service is granted and Charles J. Greenberg, Esq., 3840 E. Robinson Road, #318, Amherst, New York 14228-2001, is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Charles J. Greenberg, Esq., with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on this appeal is granted, and

It is further ORDERED that the motion insofar as it seeks to proceed anonymously is denied, and

It is further ORDERED that the motion insofar as it seeks an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service is denied without prejudice to a motion in Supreme Court if necessary.

Entered: August 17, 2016

Frances E. Cafarell, Clerk