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MTR OF STATE OF NY v. BAKER

14-12022.

46 Misc.3d 824 (2014)

In the Matter of STATE OF NEW YORK, Petitioner, v. DAVID BAKER, Respondent.

Supreme Court, Suffolk County.

Decided December 1, 2014.

Attorney(s) appearing for the Case

Michael Neville , Mental Hygiene Legal Services, Central Islip ( Sheila Ballato of counsel), for respondent.

Eric T. Schneiderman , Attorney General, New York City ( Jeffrey Jackson of counsel), for petitioner.

OPINION OF THE COURT

In this Mental Hygiene Law article 10 proceeding, the respondent moves for an order pursuant to CPLR 3211 (a) (2) and (7) dismissing the petition. Petitioner opposes that application in all respects.

Respondent claims that the action must be dismissed because the petitioner: (1) lacks...

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