Matter of Ian I. v State of New York, 2024 NY Slip Op 06487 [233 AD3d 1519]

December 20, 2024

Appellate Division, Fourth Department

[*1]

In the Matter of Ian I., Appellant,

v

State of New York, Respondent.

Elizabeth S. Fortino, Director, Mental Hygiene Legal Service, Utica (David A. Eghigian of counsel), for petitioner-appellant.

Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered October 11, 2023, in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, continued petitioner’s confinement to a secure treatment facility.

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

Memorandum: Petitioner appeals from an order, entered after an annual review hearing pursuant to Mental Hygiene Law § 10.09 (d), determining that he is a dangerous sex offender requiring confinement under section 10.03 (e) and directing that he continue to be confined to a secure treatment facility ( see § 10.09 [h]). We affirm for reasons stated in the decision at Supreme Court. We write only to note that “as evidenced by a reading of [the decision and] the order, [the court] did not consider” respondent’s posthearing submission ( Thermo Spas v Red Ball Spas & Baths , 199 AD2d 605, 606 [3d Dept 1993]). Present—Lindley, J.P., Curran, Ogden, Nowak and DelConte, JJ..