Matter of State of New York v Flagg
2010 NY Slip Op 02360 [71 AD3d 1528]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


In the Matter of State of New York, Appellant, v Daniel Flagg, a Patient at Central New York Psychiatric Center, Respondent. (Appeal No. 1.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure of counsel), for petitioner-appellant.

Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Lisa L. Paine of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered August 7, 2008 in a proceeding pursuant to Mental Hygiene Law article 10. The order determined, inter alia, that petitioner had failed to establish that respondent was a dangerous sex offender requiring confinement.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of State of New York v Flagg (71 AD3d 1528 [2010]). Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.