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09 v. State (In re Philip Q.)

Appellate Division of the Supreme Court of the State of New York
Jul 8, 2019
2019 N.Y. Slip Op. 74953 (N.Y. App. Div. 2019)

Opinion

CA 19-01206 Index No: CA2015-1716

07-08-2019

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF PHILIP Q., CONSECUTIVE FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW SECTION 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.


PRESENT:

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, and for permission to proceed anonymously on the appeal taken herein from an order of the Supreme Court, Oneida County, entered May 31, 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 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: July 8, 2019

Mark W. Bennett

Clerk of the Court


Summaries of

09 v. State (In re Philip Q.)

Appellate Division of the Supreme Court of the State of New York
Jul 8, 2019
2019 N.Y. Slip Op. 74953 (N.Y. App. Div. 2019)
Case details for

09 v. State (In re Philip Q.)

Case Details

Full title:IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF PHILIP Q., CONSECUTIVE…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jul 8, 2019

Citations

2019 N.Y. Slip Op. 74953 (N.Y. App. Div. 2019)