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

CA 21-01664

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V BOBBY P., RESPONDENT-APPELLANT. Index No: 006932/021

Appellant having moved for a stay of proceedings pending the hearing and determination of the appeal, and for other relief with respect to the appeal taken herein from an order of Supreme Court, Onondaga County, entered November 12, 2021,

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 a stay is granted, and all proceedings to enforce the order entered November 12, 2021, are hereby stayed, pending the hearing and determination of the appeal taken herein, on the condition that the appeal is perfected on or before December 27, 2021, and

It is further ORDERED that if the appeal is so perfected, the appeal shall be added to the calendar for the term of this Court commencing February 14, 2022, and respondent's brief shall be filed and served on or before January 17, 2022, in accordance with this Court's rules, and

It is further ORDERED that the motion insofar as it seeks the temporary appointment of trial counsel is denied, and

It is further 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 is granted, and Elizabeth Fortino, 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 Onondaga County Clerk 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 upon which the appeal is based, and

It is further ORDERED that the application is granted to the extent that the appeal herein must be perfected by electronic filing pursuant to 22 NYCRR 1245 and 22 NYCRR 1000.17, 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: December 6, 2021

Ann Dillon Flynn

Clerk of the Court