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IN THE MATTER OF JOHN K. v. CONSILVIO

9 A.D.3d 256 (2004)

781 N.Y.S.2d 64

In the Matter of JOHN K., Appellant, v. EILEEN CONSILVIO, as Executive Director of Kirby Forensic Psychiatric Center, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 2004.

Respondent's application to retain petitioner at its facility was initially granted in a prior order pursuant to Mental Hygiene Law § 9.33. A rehearing and review of that prior order is not the appropriate setting for requesting transfer from a secure to a nonsecure facility (Matter of Consilvio v Michael B., 307 A.D.2d 852 [2003], lv dismissed 1 N.Y.3d 545 [2003], lv denied...

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