Matter of Sawyer v Michael N.
2012 NY Slip Op 01935 [93 AD3d 1207]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of Donald Sawyer, Ph.D., Executive Director of Central New York Psychiatric Center, Respondent, v Michael N., Appellant. (Appeal No. 2.)

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

Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered January 11, 2011. The order denied respondent's motion for the appointment of a psychiatric examiner.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Fahey, Lindley and Martoche, JJ.