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

DOCKET NO. CA 18-00037
(INDEX NO. CA2016-000902.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF JOSEPH S., CONSECUTIVE NO. 546400, 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 permission to proceed as a poor person and for assignment of counsel 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 December 4, 2017,

Now, upon reading and filing the affirmation of Edward W. Klein, Esq., dated January 9, 2018, the affidavit of Joseph S. sworn to December 29, 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 it seeks assignment of counsel is granted to the extent that Guy Talia, Esq., Reeve Brown, PLLC, 3380 Monroe Avenue, Suite 200, Rochester, New York 14618, is hereby assigned as 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 Guy Talia, 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: February 14, 2018

Mark W. Bennett, Clerk