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

DOCKET NO. CA 16-01167
(Index No: CA2015-1750.)

IN THE MATTER THE APPLICATION FOR DISCHARGE OF ALLAN MCDONALD, CONSECUTIVE NO. 56998, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER 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 assignment of counsel other than Mental Hygiene Legal Service on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Oneida on June 14, 2016,

Now, upon reading and filing the affirmation of Patrick T. Chamberlain, Esq., dated October 31, 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 its seeks assignment of counsel other than Mental Hygiene Legal Service is granted and Mark C. Davison, Esq., P.O. Box 652, Canandaigua, New York 14424 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 Mark C. Davison, 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.

Entered: November 15, 2016

Frances E. Cafarell, Clerk