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

DOCKET NO. CA 18-01164
(INDEX NO. CA2018-000743.)

IN THE MATTER OF CARLOS ABREU, PETITIONER-APPELLANT, V JUSTIN THOMS, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, JAMES DONAHUE, DEPUTY SUPERINTENDENT FOR MENTAL HEALTH, L. COLLINS, DEPUTY SUPERINTENDENT FOR SECURITY, MS. KAELIN, RESIDENTIAL MENTAL HEALTH UNIT (RMHU), RESPONDENTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person 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 April 3, 2018,

Now, upon reading and filing the affidavit of Carlos Abreu sworn to April 25, 2018, and the notice of motion with proof of service thereof, and the statement of Lawrence A. Sardelli, Esq., dated June 29, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, 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.

Entered: July 17, 2018

Mark W. Bennett, Clerk