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MATTER OF MICHAEL K (SUCATO)

183 Misc.2d 704 (2000)

706 N.Y.S.2d 843

In the Matter of the Retention and Transfer of MICHAEL K., Petitioner. DAVID J. SUCATO, as Director of Taconic Development Center-Taconic Developmentally Disabled Service Office, Respondent.

Supreme Court, Dutchess County.

March 13, 2000.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Wassaic (Sidney Hirshfeld and Joanne C. Johnston of counsel), for petitioner.

Eliot Spitzer, Attorney General, Poughkeepsie (J. Gardner Ryan of counsel), for respondent.

OPINION OF THE COURT

JAMES D. PAGONES, J.

This motion by petitioner pursuant to CPLR 3211 to dismiss the application for conversion to involuntary status and court-authorized retention is granted.

Petitioner was admitted as a voluntary patient to Taconic Developmentally Disabled Service Office (DDSO) (Taconic) on September 10, 1998. Petitioner consented to continue his stay on a voluntary basis on September...

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