IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DAVID G., CONSEC. NO. 153078 V STATE OF NEW YORK
Motion No: CA 19-00719
Slip Opinion No: 2019 NY Slip Op 70556(U)
Decided on May 14, 2019
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.


May 14, 2019

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

CA 19-00719
Index No: CA2018-3474

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DAVID G.,

CONSEC. NO. 153078, PETITIONER-APPELLANT,

V

STATE OF NEW YORK, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person, for permission to appeal pursuant to CPLR 5701 (a) (2) (v), for assignment of counsel, for the sealing of the record, and for permission to proceed anonymously on the appeal taken herein from an order of the Supreme Court, Oneida County, entered February 19, 2019,

Now, upon reading and filing the papers with respect to the motion, 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 permission to appeal is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted, and Sarah M. Fallon, 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 appeal may be prosecuted upon one hard copy of the complete record and 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.

Entered: May 14, 2019

Mark W. Bennett

Clerk of the Court