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

DOCKET NO. CA 18-00724
(INDEX NO. 14-42001.)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V LESLIE L., RESPONDENT-APPELLANT, FOR CIVIL MANAGEMENT PURSUANT TO ARTICLE 10 OF THE MENTAL HYGIENE LAW.

Appellant having moved for permission to proceed as a poor person, for assignment of counsel other than Mental Hygiene Legal Service, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, for an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service, and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on July 26, 2017,

Now, upon reading and filing the affirmation of Caroline L. Levitt, Esq., dated April 20, 2018, the affidavit of Leslie L. sworn to April 12, 2018, 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 other than Mental Hygiene Legal Service is granted and Farina Mendelson, Esq., 144 Exchange Blvd., Suite 402, Rochester, New York 14614, 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 Orleans is hereby directed to provide Farina Mendelson, Esq. 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 an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before September 14, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an order permitting newly assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service is denied without prejudice to a motion in Supreme Court if necessary.

Entered: May 18, 2018

Mark W. Bennett, Clerk