Matter of State of New York v Nelson D.

Matter of Matter of State of New York v Nelson D. 2012 NY Slip Op 07399 Decided on November 8, 2012 Appellate Division, First Department 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.

Decided on November 8, 2012
Tom, J.P., Sweeny, Acosta, DeGrasse, Richter, JJ.
8438 398/07

[*1]In re the State of New York, Index Petitioner-Respondent, ——

v

Nelson D., Respondent-Appellant.




Marvin Bernstein, Mental Hygiene Legal Service, New York
(Diane Goldstein Temkin of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York (Laura R.
Johnson of counsel), for respondent.

Amended order, Supreme Court, Bronx County (Michael A. Gross, J.), entered October 24, 2011, which directed that respondent, as a sex offender requiring strict and intensive supervision and treatment (SIST), reside at the Valley Ridge Center for Intensive Treatment, unanimously affirmed, without costs.

The court's determination that respondent should receive residential treatment at the Valley Ridge Center for Intensive Treatment was permissible under Mental Hygiene Law (MHL) § 10.11, which prescribes conditions of supervision, including specification of residence and type of residence, that may be imposed as part of SIST.

Because the SIST regimen imposed was authorized under MHL Article 10, petitioner's substantive due process rights were not offended (see Kansas v Hendricks, 521 US 346 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 8, 2012, p.m.

CLERK