PEOPLE EX REL. DAVID NN. v. HOGAN

504247.

2008 NY Slip Op 06251

THE PEOPLE OF THE STATE OF NEW YORK EX REL. DAVID NN., Appellant, v. MICHAEL HOGAN, as Commissioner of Mental Health, ET AL., Respondents.

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

Decided and Entered: July 10, 2008.


Attorney(s) appearing for the Case

Sheila E. Shea, Mental Health Legal Service, Ogdensburg (Jeremy J. Best of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Julie S. Mereson of counsel), for respondents.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.


MEMORANDUM AND ORDER

KANE, J.

In April 2007, Supreme Court (Ryan, J.) in Clinton County issued a Correction Law § 402 commitment order, on consent of the parties, transferring petitioner from a state correctional facility to a facility operated by the Office of Mental Health (hereinafter OMH). Despite the expiration of that order on October 5, 2007, OMH did not release petitioner. OMH was apparently conducting a review of petitioner pursuant to newly...

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