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MATTER OF CHENIER v. RICHARD

82 N.Y.2d 830 (1993)

626 N.E.2d 928

606 N.Y.S.2d 143

In the Matter of Yves Chenier, as Director of Manhattan Psychiatric Center, Appellant, v. Richard W., a Patient Admitted to Manhattan Psychiatric Center, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Harvey M. Berman and Jerry Boone of counsel), for appellant.

Stephen J. Harkavy, New York City, Marvin Bernstein and Starr McFerrin-Clancy for respondent.

O. Peter Sherwood, Corporation Counsel of New York City (Stephen J. McGrath, Molly Zimmerman and Kathleen Alberton of counsel), for New York City Health and Hospitals Corporation, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court for entry of a judgment in accordance with this memorandum.

Respondent was originally admitted to petitioner hospital as a voluntary patient. When respondent demanded to be released, petitioner brought this proceeding, pursuant to Mental Hygiene Law § 9.13, for an order allowing it to retain...

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