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MATTER OF CHARLES L. v. STATE OF NEW YORK

676 CA 22-01961.

220 A.D.3d 1200 (2023)

197 N.Y.S.3d 813

2023 NY Slip Op 05075

In the Matter of Charles L., Appellant, v. State of New York, Respondent. (Appeal No. 2.)

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

Decided October 6, 2023.

Attorney(s) appearing for the Case

ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (PATRICK T. CHAMBERLAIN OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present —Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.

Appeal from an order of the Supreme Court, Oneida County (Gerard J. Neri, J.), entered December 7, 2022, in a proceeding pursuant to Mental Hygiene Law article 10. The order, insofar as appealed from, denied the motion of petitioner to vacate an order directing an evidentiary hearing.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion insofar as it seeks to vacate the order dated September 12,...

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