MATTER OF SELTZER v. HOGUE


187 A.D.2d 230 (1993)

In the Matter of Charlotte Seltzer, as Chief Executive Officer of Creedmoor Psychiatric Center, Appellant, v. Larry Hogue, Respondent. (Proceeding No. 1.) In the Matter of Larry Hogue, Respondent. Charlotte Seltzer, Appellant. (Proceeding No. 2.)

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

March 1, 1993


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, New York City (Arnold D. Fleischer and Yolanda M. Pizarro of counsel), for appellant.

Gerald W. Kaplan, Mineola (Dennis B. Feld of counsel; Kim L. Darrow and Thomas Behrendt with him on the brief), for respondent.

MANGANO, P. J., THOMPSON, SULLIVAN and O'BRIEN, JJ., concur.


Per Curiam.

The main question to be resolved on these appeals is whether the appellant, the Chief Executive Officer of Creedmoor Psychiatric Center, met her burden of demonstrating, by clear and convincing evidence, that the respondent Larry Hogue is mentally ill and in need of continued care and treatment, and that he poses a substantial threat of physical harm to himself or others, thereby justifying his retention at Creedmoor...

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