MATTER OF CONSILVIO v. MICHAEL B.


307 A.D.2d 852 (2003)

764 N.Y.S.2d 12

In the Matter of EILEEN CONSILVIO, Appellant, v. MICHAEL B., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 21, 2003.


In the context of this proceeding seeking an order pursuant to Mental Hygiene Law § 9.33 authorizing petitioner hospital director to retain respondent as an involuntary psychiatric patient in petitioner's facility, the IAS court did not have power to direct that respondent be transferred from a secure psychiatric facility to a nonsecure facility. The only issue in a retention proceeding under article 9 of the Mental Hygiene Law is whether the patient is in need of involuntary...

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