OPINION OF THE COURT
DAVID DEMAREST, J.
This is a special proceeding, pursuant to article 10 of the Mental Hygiene Law, which seeks the civil confinement of the respondent as a "dangerous sex offender." Respondent moves to dismiss for lack of subject matter jurisdiction and on the further grounds that the application of article 10 to this respondent would violate his constitutional right to due process of law.
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