Opinion
393 CA 19–00719
05-01-2020
In the Matter of the APPLICATION FOR DISCHARGE OF DAVID G., Consecutive No. 153078, from Central New York Psychiatric Center Pursuant to Mental Hygiene Law Section 10.09, Petitioner-Appellant, v. STATE of New York, Respondent–Respondent.
SARAH M. FALLON, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (BENJAMIN D. AGATA OF COUNSEL), FOR PETITIONER–APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (LAURA ETLINGER OF COUNSEL), FOR RESPONDENT–RESPONDENT.
SARAH M. FALLON, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (BENJAMIN D. AGATA OF COUNSEL), FOR PETITIONER–APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (LAURA ETLINGER OF COUNSEL), FOR RESPONDENT–RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Mental Hygiene Law article 10, petitioner appeals from an order that, inter alia, denied that part of his motion seeking a change of venue to Suffolk County for the convenience of witnesses (see generally Matter of Tyrone D. v. State of New York, 24 N.Y.3d 661, 666, 3 N.Y.S.3d 291, 26 N.E.3d 1146 [2015] ). We affirm.
Petitioner was previously determined to be a dangerous sex offender requiring confinement and was committed to a secure treatment facility (see Mental Hygiene Law § 10.01 et seq. ), and he is currently confined at the Central New York Psychiatric Center in Oneida County. The court may change the venue of an annual review proceeding " ‘to any county for good cause, which may include considerations relating to the convenience of the parties or witnesses or the condition of the [confined sex offender]’ " ( Tyrone D., 24 N.Y.3d at 666, 3 N.Y.S.3d 291, 26 N.E.3d 1146, quoting § 10.08[e] ). "To establish good cause for a change of venue, the party seeking such relief must set forth specific facts sufficient to demonstrate a sound basis for the transfer ... Conclusory statements unsupported by facts are insufficient to warrant a change of venue" ( Matter of State of New York v. Williams, 92 A.D.3d 1271, 1271–1272, 938 N.Y.S.2d 482 [4th Dept. 2012] ). Here, petitioner failed to make a sufficient factual or evidentiary showing that a transfer was necessary for the convenience of the proposed witnesses (see id. at 1272, 938 N.Y.S.2d 482 ).