Matter of State of New York v Zimmer
2009 NY Slip Op 04498 [63 AD3d 1562]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of the State of New York, Respondent,
v
Richard W. Zimmer, Appellant. (Appeal No. 1.)

—[*1] Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Janine E. Frank of counsel), for respondent-appellant.

Andrew M. Cuomo, Attorney General, Albany (Julie S. Mereson of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Oneida County (James C. Tormey, J.), entered February 7, 2008 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, granted in part petitioner's motion to unseal certain records.

It is hereby ordered that said appeal is unanimously dismissed without costs (see generally Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Scudder, P.J., Smith, Fahey, Carni and Pine, JJ.