IN THE MATTER OF STATE OF NEW YORK V RAYMOND G., AN INMATE IN THE CUSTODY OF THE NEW YORK STATE DEPARTMENT OF
Motion No: CA 18-02275
Slip Opinion No: 2019 NY Slip Op 62809(U)
Decided on January 9, 2019
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.


January 9, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-02275

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

RAYMOND G., AN INMATE IN THE CUSTODY OF THE NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERIVISON,

RESPONDENT-APPELLANT.

FOR CIVIL MANAGEMENT PURSUANT TO MENTAL HYGIENE LAW

ARTICLE 10.


Appellant having moved for permission to proceed as a poor person, assignment of Mental Hygiene Legal Service as counsel, sealing of the record, to proceed anonymously, a stay, and for an order pursuant to CPLR 5701 (a) (2) (v) granting appellant the right to appeal the decision/order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 17, 2018,

Now, upon reading and filing the affirmation of Benjamin Agata, Esq., dated December 4, 2018, the affidavit of Raymond G. sworn to November 30, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED the motion and the appeal are dismissed (see Thome v Benchmark Main Transit Associates, LLC, 125 AD3d 1283, 1285 [4th Dept 2015]; see also Brindle v Soni, 41 AD3d 938, 939 [3d Dept 2007]).

Entered: January 9, 2019

Mark W. Bennett, Clerk