MATTER OF GLADSTONE


143 Misc.2d 646 (1989)

In the Matter of Scott Gladstone.

Supreme Court, Bronx County.

April 25, 1989


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alfred R. Crisci of counsel), for Bronx Psychiatric Center, respondent. Michael Genkin for Scott Gladstone.


BERTRAM KATZ, J.

A voluntary patient who seeks his release from a psychiatric hospital under section 9.13 of the Mental Hygiene Law is entitled to such release where the hospital, in the absence of extenuating factors, fails to abide by its statutory duty to move within 72 hours to retain the patient. Because the Bronx Psychiatric Center has wholly failed to comply with its duty of moving expeditiously, and...

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