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MATTER OF RICHARD R. v. STATE OF NEW YORK

922 CA 19-00333.

189 A.D.3d 2119 (2020)

137 N.Y.S.3d 863

2020 NY Slip Op 07776

In the Matter of Richard R., Consecutive No. 169300, for Discharge from Central New York Psychiatric Center Pursuant to Mental Hygiene Law 10.09, Appellant, v. State of New York et al., Respondents.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

THE SAGE LAW FIRM GROUP PLLC, BUFFALO ( KATHRYN FRIEDMAN OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Carni, J.P., Lindley, Winslow, Bannister and DeJoseph, JJ.

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

Memorandum: In this proceeding pursuant to Mental Hygiene Law article 10, petitioner appeals from an order directing that he continue to be confined to a secure treatment facility (see § 10.09[h]). Petitioner has been in the custody of respondent New York State Office of Mental Health (OMH) since February 2008. In September 2016, OMH issued a determination that...

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