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MATTER OF JAMES D.

185 Misc.2d 836 (2000)

714 N.Y.S.2d 862

In the Matter of LEONEL URCUYO, as Director of the Department of Psychiatry at Woodhull Medical and Mental Health Center, Petitioner, for an Order Authorizing Assisted Outpatient Treatment for JAMES D., Respondent. In the Matter of DAVID TRACHTENBERG, as Director of the Assisted Outpatient Treatment Program for Kings and Richmond Counties, Petitioner, for an Order Authorizing Assisted Outpatient Treatment for JONATHON S., Respondent.

Supreme Court, Kings County.

September 20, 2000.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service (Valdi Licul, Dennis Feld and Michael Neville of counsel), for respondents.

Michael D. Hess, Corporation Counsel of New York City (Gabriel Taussig, Dana Biberman and Rachel Goldman of counsel), for petitioners.

Eliot Spitzer, Attorney General (Edward Curtis of counsel), for State of New York.

Dennis Saffran, Wrobel, Markham & Schatz (Philip R. Schatz of counsel), and Paul F. Stavis for Center for the Community Interest, amicus curiae.

John Gresham, New York City, Beth Haroules, New York City, Cliff Zucker, Albany, and Tammy Seltzer, Washington, D.C., for Judge David L. Bazelon Center for Mental Health Law and others, amici curiae.

OPINION OF THE COURT

ANTHONY J. CUTRONA, J.

These cases represent the first constitutional challenge to the assisted outpatient treatment provisions of Mental Hygiene Law § 9.60, commonly referred to as Kendra's Law.

Respondents contend that contrary to the provisions of Mental Hygiene Law § 9.60, the Due Process Clause of the New York Constitution, the common law of New York State and the Equal Protection Clauses of the New York and United...

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