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MATTER OF STATE OF NEW YORK v. BOBBY P.

276 CA 21-01664.

206 A.D.3d 1602 (2022)

167 N.Y.S.3d 891

2022 NY Slip Op 03609

In the Matter of State of New York, Respondent, v. Bobby P., an Inmate in the Custody of the New York State Department of Corrections and Community Supervision, Appellant.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (JOSEPH BETAR OF COUNSEL), FOR RESPONDENT-APPELLANT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and in the exercise of discretion without costs and the motion is granted.

Memorandum: Respondent, a convicted sex offender, appeals from an order denying the motion of Mental Hygiene Legal Service (MHLS) to withdraw as his appointed counsel in this Mental Hygiene Law article 10 proceeding (see generally CPLR 5511; Auerbach v Bennett, 47 N.Y.2d 619...

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