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

CA 20-00971
Index No: CA2018-00983

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF MARK M. CONSEC. NO. 249400, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO 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, for assignment of counsel, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for other relief on the appeal taken herein from an order of the Supreme Court, Oneida County, entered January 13, 2020,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that, on this Court's own motion, the dismissal of the appeal is hereby vacated on the condition that the appeal is perfected on or before November 30, 2020, and

It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, to seal the record and papers filed on this appeal, and to proceed anonymously, and

It is further ORDERED that Danielle C. Wild, Esq., 2480 Browncroft Blvd., Rochester, New York 14625, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Oneida County Clerk provide Danielle C. Wild, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, 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).

Entered: October 1, 2020

Mark W. Bennett

Clerk of the Court