| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES B. CONSECUTIVE NUMBER 262223, FROM CENTRAL NEW YORK |
| Motion No: CA 19-00958 |
| Slip Opinion No: 2020 NY Slip Op 63325(U) |
| Decided on February 19, 2020 |
| 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: CENTRA, J.P., PERADOTTO, NEMOYER, CURRAN, AND WINSLOW, JJ.
CA 19-00958
Index No: CA2018-001722
| IN THE MATTER OF THE APPLICATION FOR DISCHARGE
OF CHARLES B. CONSECUTIVE NUMBER 262223, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW
10.09, PETITIONER-APPELLANT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND, NEW YORK STATE
DEPARTMENT OF CORRECTION AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Oneida County, entered March 19, 2019, on the ground that the appeal is subsumed by the appeal from a subsequent order of the same court entered May 30, 2019 (docket No. CA 19-01276),
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without prejudice (see Matter of Aho, 39 NY2d 241, 248 [1976]; Matter of Davis v State of New York, 106 AD3d 1488, 1489 [4th Dept 2013], aff'd Tyrone D. v State of New York, 24 NY3d 661 [2015]; Matter of State v Ezekiel R., 147 AD3d 959, 959 [2d Dep't 2017]).
Entered: February 19, 2020
Mark W. Bennett
Clerk of the Court