People ex rel. David NN. v. Hogan

Appeal from an order of the Supreme Court (Mulvey, J.), entered January 22, 2008 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In April 2007, Supreme Court (Ryan, J.) in Clinton County issued a Correction Law § 402 commitment order, on consent of the parties, transferring petitioner from a state correctional facility to a facility operated by the Office of Mental Health (hereinafter OMH). Despite the expiration of that order on October 5, 2007, OMH did not release petitioner. OMH was apparently conducting a review…