PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01428

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARADA T., CONSEC. NO. 151015 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 permission to appeal the "decision/order" pursuant to CPLR 5701 (a) (2) (v), for assignment of counsel, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for a limited stay of proceedings pursuant to Mental Hygiene Law article 10 pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 4, 2016,

Now, upon reading and filing the affirmation of Bryce Therrien, Esq., dated August 17, 2016, the affidavit of Charada T. sworn to August 11, 2016, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq., dated August 26, 2016, 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 it seeks permission to appeal the order pursuant to CPLR 5701 (a) (2) (v) is dismissed as moot on the ground that appellant appears to have an appeal as of right, and has timely taken an appeal, and

It is further ORDERED that the motion is denied insofar as it seeks permission to appeal from the decision (see Kuhn v Kuhn, 129 AD2d 967), and

It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted, and Emmett J. Creahan, Director, Mental Hygiene Legal Service is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the motion insofar as it seeks a transcript without having to pay a fee is granted to the extent that the Clerk of the County of Oneida is hereby directed to provide Mental Hygiene Legal Service with copies of all papers and 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 a limited stay is denied.

Entered: September 8, 2016

Frances E. Cafarell, Clerk