IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF LARRY B., CONSECUTIVE NO. 246987, FROM CENTRAL NEW YORK PSYCHIATRIC
Motion No: CA 17-00670
Slip Opinion No: 2017 NY Slip Op 72626(U)
Decided on May 2, 2017
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 2, 2017

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

DOCKET NO. CA 17-00670
(INDEX NO. CA2014-948.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF LARRY B.,

CONSECUTIVE NO. 246987, 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, for a transcript without having to pay a fee, for the sealing of the record, and for permission to proceed anonymously 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 February 10, 2017,

Now, upon reading and filing the affirmation of Megan E. Dorr, Esq., dated April 4, 2017, the affidavit of Larry B. sworn to March 21, 2017, 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 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 Clerk of the County of Oneida is hereby directed to provide appellant 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 granted.

Entered: May 2, 2017

Frances E. Cafarell, Clerk