IN RE: THE APPLICATION FOR DISCHARGE OF SHANNON MARTINEK

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

IN RE: THE APPLICATION FOR DISCHARGE OF SHANNON MARTINEK, CONSECUTIVE NO. 21915, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW SECTION 10.09, PETITIONER–APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS–RESPONDENTS.

CA 12–00701

Decided: July 05, 2013

PRESENT:  SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ. 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.

MEMORANDUM AND ORDER

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;  see also Robles v. Evans, 100 AD3d 1455, 1455).

Frances E. Cafarell

Clerk of the Court