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IN RE: IAN I. (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: IAN I., Petitioner-Appellant, v. STATE of New York, Respondent-Respondent.

878

Decided: December 20, 2024

PRESENT: LINDLEY, J.P., CURRAN, OGDEN, NOWAK, AND DELCONTE, JJ.

ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (DAVID A. EGHIGIAN OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Petitioner appeals from an order, entered after an annual review hearing pursuant to Mental Hygiene Law § 10.09 (d), determining that he is a dangerous sex offender requiring confinement under section 10.03 (e) and directing that he continue to be confined to a secure treatment facility (see § 10.09 [h]). We affirm for reasons stated in the decision at Supreme Court. We write only to note that, “as evidenced by a reading of [the decision and] the order, [the court] did not consider” respondent's posthearing submission (Thermo Spas Inc. v. Red Ball Spas & Baths Inc., 199 A.D.2d 605, 606, 604 N.Y.S.2d 337 [3d Dept. 1993]).

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IN RE: IAN I. (2024)

Docket No: 878

Decided: December 20, 2024

Court: Supreme Court, Appellate Division, Fourth Department, New York.

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