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

CA 19-00494

IN THE MATTER OF RICHARD SMALLS, A RESIDENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, V JEFFREY NOWICKI, CHIEF OF MENTAL HEALTH SERVICES, CENTRAL NEW YORK PSYCHIATRIC CENTER, DANIELLE DILL, PSY.D., DEPUTY DIRECTOR, SEX OFFENDER TREATMENT PROGRAM, CENTRAL NEW YORK PSYCHIATRIC CENTER, DEBORAH MCCULLOCH, EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER, AND ANN MARIE T. SULLIVAN, M.D., COMMISSIONER, OF NEW YORK OFFICE OF MENTAL HEALTH, RESPONDENTS-APPELLANTS.

Appellants having moved for an order vacating the judgment (denominated order) of the Supreme Court, Oneida County, entered August 29, 2018, and for other relief, or, in the alternative for an extension of time to perfect the appeal, and petitioner having cross-moved to dismiss the appeal as moot,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is denied insofar as it seeks an order vacating the judgment appealed and remanding the matter for further proceedings, and

It is further ORDERED that appellants' motion is granted insofar as it seeks an extension of time to perfect the appeal, the time to perfect the appeal is extended to July 15, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion to dismiss the appeal as moot is denied` without prejudice and leave to renew any arguments in support of or in opposition to the cross motion in the parties' briefs and at oral argument.

Entered: June 17, 2019

Mark W. Bennett

Clerk of the Court