STATE OF NEW YORK V DANIEL FLAGG
Motion No: CA 10-00266
Slip Opinion No: 2010 NY Slip Op 65185(U)
Decided on March 4, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 4, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-00266

STATE OF NEW YORK, PETITIONER-APPELLANT,

V

DANIEL FLAGG, RESPONDENT-RESPONDENT.


Appellant State of New York having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on January 26, 2010, for an order pursuant to Mental Hygiene Law § 10.13 (a) staying the order of the Supreme Court, Onondaga County, dated January 25, 2010,

Now, upon reading and filing the affirmation of John P. Harford, said show cause order with proof of service thereof, the opposing affirmation of Lisa L. Paine dated February 10, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondent shall remain confined in the Onondaga County Correctional Facility in Jamesville, New York pending the determination of appellant's petition, dated December 28, 2009, in Supreme Court seeking to confine respondent as a dangerous sex offender under Mental Hygiene Law § 10.11 (d).

Entered: March 4, 2010

Patricia L. Morgan, Clerk