In the Matter of the Application of Augustine B.

Motion No: M-2414

Slip Opinion No: 2019 NYSlipOp 73640(U)

Decided on June 25, 2019

Appellate Division, First 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.

June 25, 2019

In the Matter of the Application of

Augustine B.,

Petitioner,

CONFIDENTIAL

For a Review and Rehearing with Jury Pursuant to Criminal Procedure LawSection 333.20(16) of the Criminal

Procedure Law and Section 9.35 of

the Mental Hygiene Law,

v

Kirby Forensic Psychiatric Center,

Respondent.

Separate motions having been made by the District Attorney of Bronx County (M-1982) and the New York State Commissioner of Mental Health (M-2414), for leave to appeal from the order of the Supreme Court, Bronx County, entered on or about April 9, 2019, which, pursuant to a jury verdict finding no mental illness and need for retention, ordered the release of Augustine B. from Kirby Forensic Center (M-1982), and if leave is granted, for a stay of the aforesaid release order pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motions seeking leave to appeal from the order of the Supreme Court, Bronx County, entered on or about April 9, 2019, which ordered the release of Augustine B. from Kirby Forensic Center, is granted, and It is further ordered that the branch of the motions seeking

a stay of the aforesaid release order pending hearing and determination of the appeal is denied.The interim relief granted by a Justice of this Court on April 12, 2019 is hereby vacated.ENTERED: June 25, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Ellen Gesmer Anil C. Singh Peter H. Moulton,Justices

M-2414

M-1982

Index No. 336/04