Matter of Martinek v State of New York
2013 NY Slip Op 05116 [108 AD3d 1048]
July 5, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


In the Matter of Shannon Martinek, Consecutive No. 21915, for Discharge from Central New York Psychiatric Center Pursuant to Mental Hygiene Law § 10.09, Appellant, v State of New York et al., Respondents.

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

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Oneida County (Joseph E. Fahey, A.J.), entered March 16, 2012 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, continued petitioner's commitment to a secure treatment facility.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from an order determining, inter alia, that he is a dangerous sex offender requiring continued confinement in a secure treatment facility pursuant to Mental Hygiene Law article 10. We dismiss the appeal as moot because a subsequent order has been entered that continues petitioner's confinement for another year (see Matter of State of New York v Grant, 71 AD3d 1502, 1503 [2010]; see also Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]). Present—Scudder, P.J., Smith, Centra and Lindley, JJ.