Matter of Ian I. v. State of New York

2024 NY Slip Op 06487

Opinion

Matter of Ian I. v State of New York (2024 NY Slip Op 06487)

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.

Decided on December 20, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., CURRAN, OGDEN, NOWAK, AND DELCONTE, JJ.

878 CA 23-01788

[*1]IN THE MATTER OF IAN I., PETITIONER-APPELLANT,

v

STATE OF NEW YORK, RESPONDENT-RESPONDENT.

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