| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF KENNETH G., CONSEC. NO. 166237, FROM THE CENTRAL NEW YORK PSYCHIATRIC |
| Motion No: CA 14-00646 |
| Slip Opinion No: 2014 NY Slip Op 69645(U) |
| Decided on April 16, 2014 |
| 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 14-00646
| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF
KENNETH G., CONSEC. NO. 166237, FROM THE CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.9,
PETITIONER-RESPONDENT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on April 3, 2014, for a stay of the order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 28, 2014, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affirmation of December Sutton, Esq., dated April 3, 2014, said show cause order with proof of service thereof, and the affirmation of Michael H. McCormick, Esq., dated April 3, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the second ordering paragraph of the order entered March 28, 2014, is stayed and petitioner shall remain confined in a secure treatment facility pending the hearing and determination of the appeal taken herein, on the condition that the appeal is perfected on or before June 16, 2014, and
It is further ORDERED that if the appeal is perfected by June 16, 2014, the appeal shall be added to the calendar for the term of this Court commencing September 2, 2014.
Entered: April 16, 2014
Frances E. Cafarell, Clerk