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MICHAEL M. v. CUMMISKEY

1255 CA 19-00763.

178 A.D.3d 1457 (2019)

2019 NY Slip Op 09210

Michael M., Appellant, v. Amy Cummiskey et al., Respondents, et al., Defendant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

LOUIS ROSADO , BUFFALO, FOR PLAINTIFF-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AMY CUMMISKEY, KEVIN BURGOYNE, CALLEN FISHMAN, AND NAOMI J. FREEMAN.

BARCLAY DAMON LLP, ROCHESTER ( SANJEEV DEVABHAKTHUNI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JULIE CURTIS, MID-ERIE COUNSELING AND TREATMENT SERVICES AND KEN DUSZYNSKI.

Present—Whalen, P.J., Smith, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff is a sex offender who was civilly confined to a secure treatment facility pursuant to Mental Hygiene Law article 10. In December 2014, the Court of Appeals reversed the determination that plaintiff was a dangerous sex offender requiring confinement, and remitted the matter to Supreme Court for further proceedings (Matter of State of New York v Michael...

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