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STATE OF NEW YORK v. DOE

2009-1189

26 Misc.3d 962 (2009)

896 N.Y.S.2d 583

Matter of STATE OF NEW YORK, Petitioner, v. JOHN DOE, Respondent.

Supreme Court, Franklin County.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service (Sheila E. Shea and David M. LeVine of counsel), for respondent.

Andrew M. Cuomo, Attorney General (Glen Francis Michaels and Tiffinay M. Rutnik of counsel), for petitioner.

OPINION OF THE COURT

DAVID DEMAREST, J.

This is a special proceeding, pursuant to article 10 of the Mental Hygiene Law, which seeks the civil confinement of the respondent as a "dangerous sex offender." Respondent moves to dismiss for lack of subject matter jurisdiction and on the further grounds that the application of article 10 to this respondent would violate his constitutional right to due process of law.

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