| IN THE MATTER OF STATE OF NEW YORK V RICHARD Z., AN INMATE IN THE CUSTODY OF THE NEW YORK STATE OFFICE OF MENTAL |
| Motion No: CA 17-01253 |
| Slip Opinion No: 2017 NY Slip Op 81261(U) |
| Decided on July 24, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01253
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V
RICHARD Z., AN INMATE IN THE CUSTODY OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH, FOR CIVIL MANAGEMENT PURSUANT TO ARITCLE 10 OF
THE MENTAL HYGIENE LAW, RESPONDENT-APPELLANT. |
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, 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 April 20, 2017,
Now, upon reading and filing the affirmation of Caroline L. Levitt, Esq., dated July 6, 2017, the affidavit of Richard Z. sworn to June 14, 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 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 granted, and
It is further ORDERED that the motion insofar as it seeks a limited stay is denied.
Entered: July 24, 2017
Frances E. Cafarell, Clerk