Opinion
Motion No: CA 11-01603 MH No. 11-0322.
09-16-2011
IN THE MATTER OF ALLEN S., RESPONDENT-APPELLANT, v. STATE OF NEW YORK, PETITIONER-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for assignment of counsel not affiliated with Mental Hygiene Legal Service (MHLS), for appellant's assigned counsel to have access to appellant's client file maintained by MHLS, for a transcript without having to pay a fee, and for the records to be sealed 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 June 8, 2011,
Now, upon reading and filing the affirmation of Elizabeth S. Fortino, Esq., dated August 5, 2011, the affidavit of Allen S. sworn to August 5, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and
It is further ORDERED that Donald R. Gerace, Esq., 2613 Genesee Street, Utica, New York 13501, is hereby assigned as counsel for the purposes of this appeal, and
It is further ORDERED that Donald R. Gerace, Esq. shall have access to appellant's client file maintained by MHLS, and
It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Donald R. Gerace, Esq. 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.
Patricia L. Morgan, Clerk