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MATTER OF STATE v. DJ

23 Misc.3d 612 (2009)

873 N.Y.S.2d 482

In the Matter of STATE OF NEW YORK, Petitioner, v. DJ, Respondent.

Supreme Court, Bronx County.

Decided February 9, 2009.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, New York City (Kimberly Tate-Brown of counsel), for respondent.

Andrew M. Cuomo, Attorney General, White Plains (Shelley A. Forde of counsel), for petitioner.

OPINION OF THE COURT

DINEEN A. RIVIEZZO, J.

In this proceeding brought under article 10 of the Mental Hygiene Law, respondent moves to dismiss the petition pursuant to CPLR 3211. For the reasons which follow, the motion is denied.

Respondent argues that this court lacks jurisdiction, that the petition fails to state a cause of action, and that the proceeding is not ripe for review. Respondent maintains that because a Mental Hygiene Law § 10...

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