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MATTER OF STATE OF NEW YORK v. ANDREW O.

No. 34.

16 N.Y.3d 841 (2011)

In the Matter of STATE OF NEW YORK, Respondent, v. ANDREW O., Appellant.

Court of Appeals of New York.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Albany ( Shannon Stockwell and Sheila E. Shea of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Treasure , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial ordered.

On August 15, 2007, the Attorney General filed a petition in Supreme Court against Andrew O., a detained sex offender, seeking his civil management pursuant to article 10 of the Mental Hygiene Law (see Mental Hygiene Law § 10.03 [g]; § 10.06 [a]). Supreme Court subsequently found probable cause to believe...

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