Appellate Division: Second Judicial Department

M262649

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2019-03731 In the Matter of Jamie R. (Anonymous), respondent; New York State Commissioner of Mental Health, appellant. (Index No. 132/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Rockland County, dated February 1, 2019, and, in effect, to stay the respondent's release and to continue the respondent's retention in its custody, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's release is stayed and the respondent's retention in the appellant's custody is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 29, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 29, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before June 7, 2019; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before June 12, 2019; and it is further,

ORDERED that the parties shall serve their respective briefs and, if applicable, the record or appendix, pursuant to CPLR 2103(b)(1), (3), or (6).

BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court