MATTER OF S.


157 A.D.2d 783 (1990)

In the Matter of Jeannette S., Respondent. Rockland Psychiatric Center, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1990


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the proceeding is dismissed and the application for an order of retention is granted.

Contrary to the findings of the Supreme Court, we find that the patient, Jeannette S., is a person "in need of involuntary care and treatment" (Mental Hygiene Law § 9.01). In order to retain a patient in a hospital for involuntary psychiatric care, the hospital must establish, by clear...

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