Matter of Nushawn W. v State of New York, 2024 NY Slip Op 03618 [229 AD3d 1104]

July 3, 2024

Appellate Division, Fourth Department

[*1]

In the Matter of Nushawn W., Appellant,

v

State of New York, Respondent.

Todd G. Monahan, Little Falls, for petitioner-appellant.

Letitia James, Attorney General, Albany (Jonathan D. Hitsous of counsel), for respondent-respondent.

Appeal from a decision of the Supreme Court, Oneida County (James P. McClusky, J.), entered July 18, 2023, in a proceeding pursuant to Mental Hygiene Law article 10. The decision, inter alia, continued the confinement of petitioner to a secure treatment facility.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner purports to appeal from a decision determining that he is a dangerous sex offender requiring confinement under Mental Hygiene Law § 10.03 (e). We dismiss the appeal. “[N]o appeal lies from a mere decision” ( Kuhn v Kuhn , 129 AD2d 967, 967 [4th Dept 1987]; see Gunn v Palmieri , 86 NY2d 830, 830 [1995]). Present—Lindley, J.P., Montour, Ogden, DelConte and Hannah, JJ..