After a hearing pursuant to Mental Hygiene Law § 9.33 upon the application of petitioner to retain respondent Russell W. for a period not to exceed six months, the Supreme Court found that petitioner had failed to prove by clear and convincing evidence that respondent was a substantial threat to himself or to others. The court founded its decision in large part on its conclusion that "[a]lthough there is testimony that the patient committed assaultive behavior 10 or...
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