Matter of State of New York v Wilkes

Matter of State of New York v Wilkes 2010 NY Slip Op 07005 [77 AD3d 1451] October 1, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

In the Matter of State of New York, Respondent, v Harold Wilkes, Appellant. (Appeal No. 1.)

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Emmett J. Creahan, Director, Mental Hygiene Legal Service, Buffalo (Kevin S. Doyle of counsel), for respondent-appellant.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 2, 2009 in a proceeding pursuant to Mental Hygiene Law article 10. The order denied the motion of respondent to dismiss the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ. [Prior Case History: 23 Misc 3d 1123(A), 2009 NY Slip Op 50899(U).]