| IN THE MATTER OF THOMAS DORSEY V DR. TERI MAXYMILLIAN, DIRECTOR, SEX OFFENDER TREATMENT PROGRAM, CENTRAL NEW YORK |
| Motion No: CA 10-00101 |
| Slip Opinion No: 2010 NY Slip Op 77526(U) |
| Decided on July 19, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 10-00101
| IN THE MATTER OF THOMAS DORSEY, PETITIONER-APPELLANT, V DR.
TERI MAXYMILLIAN, DIRECTOR, SEX OFFENDER TREATMENT PROGRAM, CENTRAL NEW YORK PSYCHIATRIC CENTER,
RESPONDENT-RESPONDENT. |
Appellant having moved for an order allowing him to file and serve less than the required number of briefs on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida, on November 19, 2009, and for other relief,
Now, upon reading and filing the affidavit of Thomas Dorsey sworn to June 25, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed, and
It is further ORDERED that the appeal is dismissed because no appeal lies as of right from an ex parte order (see CPLR 5701 [a] [2]; Branch v Hammock, 98 AD2d 991, and
It is further ORDERED that appellant may proceed as a poor person on a motion seeking relief from the order entered November 19, 2009 pursuant to CPLR 5704 (a).
Memorandum: Appellant's remedy is to seek relief by order to show cause pursuant to CPLR 5704 (a) and 22 NYCRR 1000.13 (b) (2).
Entered: July 19, 2010
Patricia L. Morgan, Clerk