Matter of David G. v State of New York |
2020 NY Slip Op 02571 [183 AD3d 1249] |
May 1, 2020 |
Appellate Division, Fourth Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of the Application for Discharge of David
G., Consecutive No. 153078, from Central New York Psychiatric Center, Pursuant to
Mental Hygiene Law § 10.09, Appellant, v State of New York, Respondent. |
Sarah M. Fallon, Director, Mental Hygiene Legal Service, Utica (Benjamin D. Agata of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Laura Etlinger of counsel), for respondent-respondent.
Appeal from an order of the Supreme Court, Oneida County (Gerald J. Popeo, A.J.), entered February 19, 2019, in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, denied that part of the motion of petitioner seeking a change of venue.
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 that, inter alia, denied that part of his motion seeking a change of venue to Suffolk County for the convenience of witnesses (see generally Matter of Tyrone D. v State of New York, 24 NY3d 661, 666 [2015]). We affirm.
Petitioner was previously determined to be a dangerous sex offender requiring confinement and was committed to a secure treatment facility (see Mental Hygiene Law § 10.01 et seq.), and he is currently confined at the Central New York Psychiatric Center in Oneida County. The court may change the venue of an annual review proceeding " 'to any county for good cause, which may include considerations relating to the convenience of the parties or witnesses or the condition of the [confined sex offender]' " (Tyrone D., 24 NY3d at 666, quoting § 10.08 [e]). "To establish good cause for a change of venue, the party seeking such relief must set forth specific facts sufficient to demonstrate a sound basis for the transfer . . . Conclusory statements unsupported by facts are insufficient to warrant a change of venue" (Matter of State of New York v Williams, 92 AD3d 1271, 1271-1272 [4th Dept 2012]). Here, petitioner failed to make a sufficient factual or evidentiary showing that a transfer was necessary for the convenience of the proposed witnesses (see id. at 1272). Present—Whalen, P.J., Centra, Peradotto, Winslow and Bannister, JJ.