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

DOCKET NO. CA 18-02042
(INDEX NO. C-7186.)

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

Appellant having moved for permission to proceed as a poor person, for assignment of counsel other than Mental Hygiene Legal Services, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for a stay of proceedings pursuant to Mental Hygiene Law article 10 pending the determination of the appeal taken herein from of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 30, 2018, and for other relief,

Now, upon reading and filing the affirmation of Janine E. Rella, Esq., dated October 29, 2018, the affidavit of appellant sworn to October 26, 2018, 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 Mark C. Davison, Esq., PO Box 652, Canandaigua, NY 14424, 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 Monroe is hereby directed to provide Mark C. Davison, 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, and

It is further ORDERED that the appeal may be prosecuted upon one hard copy of the complete record, an original, and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4), 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 stay is denied, and

It is further ORDERED that the motion insofar as it seeks an order permitting newly appointed counsel access to appellant's client file maintained by MHLS is denied without prejudice to a motion in Supreme Court, if necessary.

Entered: December 3, 2018

Mark W. Bennett, Clerk