In re Helen DeSanto

Appeal from an order and judgment of the Supreme Court (Demarest, J.), entered April 6, 2009 in Franklin County, which, upon rehearing, adhered to a prior order granting petitioner’s application, in a proceeding pursuant to Mental Hygiene Law article 15, for the involuntary retention of respondent.

Respondent pleaded guilty to sexual misconduct and, following a violation of the terms of his probation, was transferred to Sunmount Developmental Disabilities Services Office where he has remained a voluntary resident since 1999. When respondent expressed his desire to leave Sunmount in June 2008,…