No Appeal Lies from a Vacated Order
In the context of a Mental Hygiene proceeding in which respondent was adjudicated a dangerous sex offender requiring confinement, the Third Department determined no appeal lies from a vacated order. Supreme Court had vacated the order because the Court of Appeals held that antisocial personality disorder, from which respondent suffers, cannot be relied upon to show a mental abnormality within the meaning of Mental Hygiene Law 10.03 (i). Respondent’s appeal from the vacated order could not be heard. Matter of State of New York v Richard TT., 2015 NY Slip Op 03591, 3rd Dept 4-30-15