COHEN v. ANNE C.


190 Misc.2d 53 (2001)

732 N.Y.S.2d 534

NEAL COHEN, as New York City Commissioner of Mental Health, Mental Retardation and Alcoholism Services, and as New York City Director of Community Services, Appellant, v. ANNE C., Respondent.

Supreme Court, New York County.

September 6, 2001.


Attorney(s) appearing for the Case

McAlloon & Friedman, New York City (Gillian Fisher of counsel), for appellant.

Jeffrey Karan, Brooklyn, for respondent.


OPINION OF THE COURT

NORMAN C. RYP, J.

A. Issue(s)

What are the procedures and standards applicable in the very first "Kendra's Law" jury appeal under Mental Hygiene Law § 9.60 (m) and § 9.35? Substantial novel issues of first impression exist! Do such differ from a traditional civil jury trial, under CPLR article 41? If so, how?

B. Facts and Procedural History

During...

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