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

DOCKET NO. CA 15-01686

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF JOHN S., CONSECUTIVE NO. 29671, PETITIONER-RESPONDENT, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW § 10.09, 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 Brian F. DeJoseph on October 1, 2015, for a stay of an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on October 1, 2015, pending the hearing and determination of the appeal taken herein, and petitioner having moved to vacate said order,

Now, upon reading and filing the affirmation of December Sutton, Esq., dated October 1, 2015, the affirmations of Patrick T. Chamberlain, Esq., dated October 2, 2015, and October 9, 2015, said show cause order with proof of service thereof, the affirmation of Margaret Welch, Esq., dated October 8, 2015, and the affirmation of Frederick A. Brodie, Esq., dated October 9, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is granted and petitioner shall remain confined in a secure facility, pending the hearing and determination of the appeal taken herein, on the condition that appellants perfect the appeal on or before December 10, 2015.

It is further ORDERED that petitioner's motion is denied.

Entered: October 26, 2015

Frances E. Cafarell, Clerk