Opinion
May 11, 1998
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the notices of appeal from the orders are deemed to be applications for leave to appeal, and leave to appeal is granted ( see, CPLR 5701 [c]); and it is further,
Ordered that the orders are affirmed, without costs or disbursements.
The Supreme Court properly granted both the release order and the order of conditions, as the appellant failed to prove by a preponderance of the evidence that Richard W. had a dangerous mental disorder or was mentally ill ( see, CPL 330.20; People v. Escobar, 61 N.Y.2d 431, 439-440; Matter of Buthy, 168 A.D.2d 1000).
Ritter, J.P., Goldstein, McGinity and Luciano, JJ., concur.