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People ex rel Matter v. Hogan

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 19, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL MATTER, PETITIONER-RESPONDENT,
v.
MICHAEL F. HOGAN, PH.D., COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appeal from a judgment (denominated judgment and order) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 30, 2010 in a proceeding pursuant to CPLR article 70. The judgment, inter alia, granted the petition for a writ of habeas corpus and discharged petitioner from the custody of the New York State Office of Mental Health.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs and the petition is denied.

Same Memorandum as in Matter of State of New York v Matter ([appeal No. 1] ___ AD3d ___ [Nov. 19, 2010]).

20101119

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