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IN THE MATTER OF STATE v. SWARTZ

18 Misc.3d 594 (2007)

852 N.Y.S.2d 689

In the Matter of STATE OF NEW YORK, Petitioner, v. WALTER SWARTZ, Respondent.

Supreme Court, Chenango County.

December 12, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Binghamton (Geoffrey B. Rossi of counsel), for petitioner.

Mental Hygiene Legal Service, Ogdensburg (Jeremy J. Best of counsel), for respondent.

OPINION OF THE COURT

ELIZABETH A. GARRY, J.

Petitioner commenced this proceeding pursuant to article 10 of the Mental Hygiene Law by order to show cause dated October 5, 2007 upon a petition for civil management pursuant to Mental Hygiene Law § 10.06 (a). Respondent cross-moves for dismissal of the article 10 application upon the grounds that there was a prior petition withdrawn under circumstances requiring...

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