*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 382

CA 15-00866

PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND SCUDDER, JJ. IN THE MATTER OF THE APPLICATION FOR DISCHARGE

OF DANIEL VEGA, CONSECUTIVE NO. 48447, FROM

CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO

MENTAL HYGIENE LAW SECTION 10.09,

PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER STATE OF NEW YORK, NEW YORK STATE OFFICE OF

MENTAL HEALTH AND NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.

(APPEAL NO. 2.)

EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (PATRICK T. CHAMBERLAIN OF COUNSEL), FOR PETITIONER-APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. Appeal from an order of the Supreme Court, Oneida County (Joseph E. Fahey, A.J.), entered April 29, 2015 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, denied petitioner’s motion to vacate the order continuing his commitment to a secure treatment facility.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Vega v State of New York ([appeal No. 1] ___ AD3d ___ [June 10, 2016]).

Entered: June 10, 2016 Frances E. Cafarell

Clerk of the Court