IN RE: THE APPLICATION OF STATE OF (2018)

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

IN RE: THE APPLICATION OF STATE OF NEW YORK, PETITIONER–RESPONDENT, v. NATHANIEL W., FOR CIVIL MANAGEMENT PURSUANT TO ARTICLE 10 OF THE MENTAL HYGIENE LAW, RESPONDENT–APPELLANT.

CA 17–01450

Decided: November 09, 2018

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.

SARAH M. FALLON, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, ROCHESTER (KAREN BAILEY TURNER OF COUNSEL), FOR RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: Respondent appeals from an order pursuant to Mental Hygiene Law article 10 determining, following a nonjury trial, that he is a dangerous sex offender requiring confinement (see § 10.03[e] ) and committing him to a secure treatment facility. We affirm.

We reject respondent's contention that the determination is against the weight of the evidence. Supreme Court “was in the best position to evaluate the weight and credibility” of the conflicting expert testimony presented and we see no reason to disturb the court's decision to credit the testimony of petitioner's expert (Matter of Allan M. v. State of New York, 163 AD3d 1493, 1493 [4th Dept 2018] [internal quotation marks omitted]; see Matter of State of New York v Scott W., 160 AD3d 1424, 1426 [4th Dept 2018], lv denied 31 NY3d 913 [2018]; Matter of Billinger v. State of New York, 137 AD3d 1757, 1758 [4th Dept 2016], lv denied 27 NY3d 911 [2016] ).

Mark W. Bennett

Clerk of the Court

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