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In re State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2010
71 A.D.3d 1502 (N.Y. App. Div. 2010)

Opinion

No. CA 08-02443.

March 19, 2010.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered March 26, 2009 in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, determined that respondent is a sex offender requiring strict and intensive supervision and treatment.

EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, ROCHESTER (KRISTIN DAWSON HENDERSON OF COUNSEL), FOR RESPONDENT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (ROSE McMORROW OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present: Scudder, P.J., Sconiers, Green and Gorski, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Respondent appeals from an order pursuant to Mental Hygiene Law article 10 determining that he is a sex offender requiring strict and intensive supervision and treatment (SIST) and releasing him under the conditions of a prior order imposing a regimen of SIST. Respondent is not aggrieved by the order appealed from inasmuch as he stipulated to the terms of it, and the appeal therefore must be dismissed ( see CPLR 5511; Matter of State of New York v Cuevas, 49 AD3d 1324, 1326-1327). In addition, the appeal has been rendered moot by a subsequent order pursuant to Mental Hygiene Law article 10 directing the confinement of respondent as a dangerous sex offender ( see generally People ex rel. Maldonado v Williams, 67 AD3d 1328), and the exception to the mootness doctrine does not apply herein ( cf. Cuevas, 49 AD3d at 1325-1326; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).


Summaries of

In re State of New York

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2010
71 A.D.3d 1502 (N.Y. App. Div. 2010)
Case details for

In re State of New York

Case Details

Full title:In the Matter of STATE OF NEW YORK, Respondent, v. CHARLES GRANT…

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

Date published: Mar 19, 2010

Citations

71 A.D.3d 1502 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2326
896 N.Y.S.2d 700

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