IN THE MATTER OF DANIEL XX. v. COLARUSSO


20 A.D.3d 759 (2005)

798 N.Y.S.2d 262

In the Matter of DANIEL XX., Respondent-Appellant. v. JOSEPH J. COLARUSSO, as Director of Sunmount Developmental Disabilities Services Office, Appellant-Respondent.

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

July 14, 2005.


Mugglin, J.

Respondent's first two retention hearings resulted in court orders retaining him for 60 days and one year, respectively, and a third one-year retention order was entered on consent. In this fourth proceeding, Supreme Court decided that (1) the principles of res judicata or issue preclusion do not apply and petitioner must prove all statutory elements by clear and convincing evidence, including the element that respondent's disability originated before...

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