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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Civil Commitment: Matter of Brusso

Fourth Department — Civil Commitment: Matter of Brusso

Appellate Division, Fourth Department

Civil Commitment

Findings of Fact

Matter of Brusso
CA 11-02586
Appealed from Supreme Court, Monroe County

Background: The respondent was found to be a dangerous sex offender requiring confinement under Mental Hygiene Law article 10. On appeal, he challenged the adequacy of the evidence at the dispositional hearing. He also contended that he was denied due process because the judge did not set forth detailed findings of fact.

Ruling: Order was affirmed. The trier of fact was in the best position to evaluate the testimony. There is no requirement for findings of fact in article 10 and, in any event, the bench decision adequately set forth the basis. 

Lisa L. Paine for the respondent; Allson B. Levine for the NYS Attorney General’s Office