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IN THE MATTER OF ARTO ZZ.

24 A.D.3d 947 (2005)

806 N.Y.S.2d 258

In the Matter of ARTO ZZ., Respondent. COMMISSIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, Petitioner; NEW YORK COUNTY DISTRICT ATTORNEY, Appellant.

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

December 8, 2005.

CREW III, J.P.

Respondent has been in the custody and care of petitioner, the Commissioner of the Office of Mental Retardation and Developmental Disabilities, since his acquittal of a charge of criminal contempt in 1986. In 2004, petitioner sought a retention order with an order directing respondent's transfer from the secure facility in which he resided to a nonsecure facility on the ground that respondent did not then have a dangerous mental disorder (see

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