Negron v. Herold

Reynolds, J. P.

Appeal from an order of the Supreme Court, Clinton County, denying appellant’s application for an order to show cause in a proceeding brought under CPLR article 78 to compel the respondent to provide him with a jury trial to determine his mental status. The denial of an ex parte order to show cause is not appealable (Matter of Karris v. New York State Bd. of Parole, 7 A D 2d 662; Matter of Petmenga [People], 1 A D 2d 919). The appeal is therefore dismissed without prejudice to appellant’s right to seek a jury trial through compliance with the relevant provisions of the Mental…