State
v.
Vanderpool

Appellate Division of the Supreme Court of the State of New YorkMar 12, 2015
2015 N.Y. Slip Op. 66750 (N.Y. App. Div. 2015)

DOCKET NO. CA 15-00186

03-12-2015

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-APPELLANT, v. PAUL VANDERPOOL, RESPONDENT-RESPONDENT. (Index No. MH 45118.)


PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

Respondent having moved for permission to proceed as a poor person, for assignment of counsel, for the sealing of the record, for permission to proceed anonymously, and to expedite the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 10, 2014,

Now, upon reading and filing the affirmation of Diane S. Gastle, Esq., dated January 21, 2015, the affidavit of Paul Vanderpool sworn to December 10, 2014, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq., dated February 20, 2015, 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 Emmett J. Creahan, 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 Clerk of the County of Erie 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 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 denied, and

It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).

Entered: March 12, 2015

Frances E. Cafarell, Clerk