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MATTER OF ROBINSON v. SANCHEZ

168 Misc.2d 546 (1996)

639 N.Y.S.2d 897

In the Matter of Calvin Robinson, Petitioner, v. Jose R. Sanchez, as Executive Director of Bronx Psychiatric Center, Respondent.

Supreme Court, Bronx County.

February 21, 1996

Attorney(s) appearing for the Case

Mental Hygiene Legal Services, Bronx (Michael A. Genkin of counsel), for petitioner. Dennis C. Vacco, Attorney-General, New York City (Rosemary DiBenedetto of counsel), for respondent.

LUCINDO SUAREZ, J.

The issue in this posttrial motion is whether the evidence was sufficient as a matter of law to support the jury's finding that continued care and treatment in a psychiatric institution is not essential to petitioner's welfare, although the jury found he is suffering from a mental illness. This court holds the evidence was insufficient as a matter of law to support the jury's finding regarding...

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