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MATTER OF CHARLES JUDGE

192 Misc.2d 203 (2002)

745 N.Y.S.2d 885

In the Matter of CHARLES JUDGE, a Patient Admitted to Rochester Psychiatric Center.

Supreme Court, Monroe County.

July 9, 2002.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service (Samantha J. Crane of counsel), for Charles Judge.

Eliot Spitzer, Attorney General (James L. Gelormini of counsel), for Rochester Psychiatric Center.

OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

This case raises the question concerning which party should assume the burden of proof in a hearing, conducted pursuant to Mental Hygiene Law § 9.31, following an involuntary admission, under Mental Hygiene Law § 9.27.

The patient, Charles Judge, is well-known to the court, based upon previous cases, and was most recently admitted to the Rochester Psychiatric Center, pursuant to section 9.27...

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