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MATTER OF STATE OF NEW YORK v. MICHAEL M.

269 CA 19-01140.

193 A.D.3d 1343 (2021)

143 N.Y.S.3d 250

2021 NY Slip Op 02636

In the Matter of the State of New York, Respondent, v. Michael M., an Inmate in the Custody of New York State Department of Corrections and Community Supervision, for Civil Management Pursuant to Article 10 of the Mental Hygiene Law, Appellant.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

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

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( ALLYSON B. LEVINE OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and a new trial is granted.

Memorandum: Respondent appeals from an order determining that he is a dangerous sex offender requiring confinement pursuant to Mental Hygiene Law article 10 and committing him to a secure treatment facility. Contrary to respondent's contention, petitioner established by clear and convincing evidence that respondent suffers from a mental...

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