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MATTER OF DOY S. v. STATE OF NEW YORK

549 CA 20-00579.

196 A.D.3d 1165 (2021)

149 N.Y.S.3d 745

2021 NY Slip Op 04456

In the Matter of Doy S., for Discharge, Respondent, v. State of New York, Appellant. (Appeal No. 1.).

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT-APPELLANT.

ELIZABETH S. FORTINO , ACTING DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA ( MICHAEL H. McCORMICK OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Centra, J.P., Peradotto, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Petitioner is a convicted sex offender who was civilly committed pursuant to Mental Hygiene Law § 10.07(f) in 2018. One year later, petitioner petitioned for discharge pursuant to section 10.09...

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