Matter of Wayne J. v. State of New York

Matter of Wayne J. v State of New York (2020 NY Slip Op 03329)
Matter of Wayne J. v State of New York
2020 NY Slip Op 03329
Decided on June 12, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, CURRAN, TROUTMAN, AND BANNISTER, JJ.

487 CA 19-00497

[*1]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.



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