| Matter of Ian I. v State of New York |
| 2024 NY Slip Op 06487 |
| Decided on December 20, 2024 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (DAVID A. EGHIGIAN OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered October 11, 2023, in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, continued petitioner's confinement to a secure treatment facility.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner appeals from an order, entered after an annual review hearing pursuant to Mental Hygiene Law § 10.09 (d), determining that he is a dangerous sex offender requiring confinement under section 10.03 (e) and directing that he continue to be confined to a secure treatment facility (see § 10.09 [h]). We affirm for reasons stated in the decision at Supreme Court. We write only to note that, "as evidenced by a reading of [the decision and] the order, [the court] did not consider" respondent's posthearing submission (Thermo Spas v Red Ball Spas & Baths , 199 AD2d 605, 606 [3d Dept 1993]).
Entered: December 20, 2024
Ann Dillon Flynn
Clerk of the Court