Matter of Davis v State of New York
2013 NY Slip Op 03220 [106 AD3d 1490]
May 3, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


In the Matter of Tyrone Davis, Appellant, v State of New York et al., Respondents. (Appeal No. 2.)

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (Elizabeth DeV. Moeller of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Oneida County (William D. Walsh, A.J.), entered September 13, 2011 in a proceeding pursuant to Mental Hygiene Law article 10. The order denied the motion of petitioner for a change of venue.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Aho, 39 NY2d 241, 248 [1976]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Smith, Centra, Carni and Sconiers, JJ.