| IN THE MATTER OF AN APPLICATION FOR A SUBSEQUENT RETENTION ORDER PURSUANT TO CRIMINAL PROCEDURE LAW § 330.20 IN |
| Motion No: CA 15-02142 |
| Slip Opinion No: 2016 NY Slip Op 62065(U) |
| Decided on January 21, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-02142
| IN THE MATTER OF AN APPLICATION FOR A SUBSEQUENT RETENTION ORDER
PURSUANT TO CRIMINAL PROCEDURE LAW § 330.20 IN RELATION TO STEVEN J.,
RESPONDENT-RESPONDENT, V LAURENCE
GUTTMACHER, M.D., CLINICAL DIRECTOR OF THE ROCHESTER PSYCHIATRIC CENTER, PETITIONER-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Joseph D. Valentino on December 28, 2015, for a stay pending the hearing and determination of the appeal taken herein from an order of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on December 23, 2015, and having moved for leave to appeal said order,
Now, upon reading and filing the affirmation of Ted O'Brien, Esq., dated December 23, 2015, the affidavit of Marc Libman, M.D., sworn to December 23, 2015, said show cause order with proof of service thereof, and the affirmation of Donald M. Thompson, Esq., dated December 28, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to appeal the order entered December 23, 2015, is granted, and
It is further ORDERED that the motion insofar as it seeks to stay the order entered December 23, 2015, is granted pending the hearing and determination of the appeal.
Entered: January 21, 2016
Frances E. Cafarell, Clerk