Opinion
CA 19-00958 Index No: CA2018-001722
02-19-2020
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES B. CONSECUTIVE NUMBER 262223, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND, NEW YORK STATE DEPARTMENT OF CORRECTION AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Oneida County, entered March 19, 2019, on the ground that the appeal is subsumed by the appeal from a subsequent order of the same court entered May 30, 2019 (docket No. CA 19-01276),
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 is granted and the appeal is dismissed without prejudice (see Matter of Aho, 39 NY2d 241, 248 [1976]; Matter of Davis v State of New York, 106 AD3d 1488, 1489 [4th Dept 2013], aff'd Tyrone D. v State of New York, 24 NY3d 661 [2015]; Matter of State v Ezekiel R., 147 AD3d 959, 959 [2d Dep't 2017]).
Entered: February 19, 2020
Mark W. Bennett
Clerk of the Court