Matter of State of New York v Zimmer
2009 NY Slip Op 04500 [63 AD3d 1563]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of the State of New York, Respondent,
v
Richard W. Zimmer, Appellant. (Appeal No. 3.)

—[*1] Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Janine E. Frank of counsel), for respondent-appellant.

Andrew M. Cuomo, Attorney General, Albany (Julie S. Mereson of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Oneida County (James C. Tormey, J.), entered March 24, 2008 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, denied respondent's motion for a protective order with respect to certain records.

It is hereby ordered that said appeal is unanimously dismissed without costs (see generally Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Scudder, P.J., Smith, Fahey, Carni and Pine, JJ.