Wayne J. v. State

Full title: OF WAYNE J., CONSECUTIVE NO. 127873, FROM CENTRAL NEW YORK PSYCHIATRIC…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 12, 2020

2020 N.Y. Slip Op. 3329 (N.Y. App. Div. 2020)

Opinion

487 CA 19-00497

06-12-2020

OF WAYNE J., CONSECUTIVE NO. 127873, 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. (APPEAL NO. 2.)

DAVISON LAW OFFICE, PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

CARNI, J.P., LINDLEY, CURRAN, TROUTMAN, AND BANNISTER, JJ.

PRESENT: CARNI, J.P., LINDLEY, CURRAN, TROUTMAN, AND BANNISTER, JJ.

DAVISON LAW OFFICE, PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from an order of the Oneida County Court (Walter W. Hafner, Jr., A.J.), entered February 13, 2019. The order denied the motion of petitioner pursuant to CPLR 4404.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Wayne J. v State of New York ([appeal No. 1] — AD3d — [June 12, 2020] [4th Dept 2020]).

Entered: June 12, 2020

Mark W. Bennett

Clerk of the Court