Opinion
Motion No: CA 14-00646
04-16-2014
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF KENNETH G., CONSEC. NO. 166237, FROM THE CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.9, PETITIONER-RESPONDENT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Appellants having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on April 3, 2014, for a stay of the order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 28, 2014, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affirmation of December Sutton, Esq., dated April 3, 2014, said show cause order with proof of service thereof, and the affirmation of Michael H. McCormick, Esq., dated April 3, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the second ordering paragraph of the order entered March 28, 2014, is stayed and petitioner shall remain confined in a secure treatment facility pending the hearing and determination of the appeal taken herein, on the condition that the appeal is perfected on or before June 16, 2014, and
It is further ORDERED that if the appeal is perfected by June 16, 2014, the appeal shall be added to the calendar for the term of this Court commencing September 2, 2014.
Frances E. Cafarell, Clerk