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RICHARD H. v. CONSILVIO

6 A.D.3d 7 (2004)

773 N.Y.S.2d 356

In the Matter of RICHARD H., Respondent, v. EILEEN CONSILVIO, as Director of Kirby Forensic Psychiatric Center, et al., Appellants.

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

March 4, 2004.

Attorney(s) appearing for the Case

Marvin Bernstein, Director, Mental Hygiene Legal Service, First Department (Diane G. Temkin of counsel), for respondent.

Eliot Spitzer, Attorney General (Amy L. Abramowitz and Edward J. Curtis, Jr. of counsel), for Eileen Consilvio, appellant.

Robert M. Morgenthau, District Attorney, New York City (Ellen Sue Handman and Morrie I. Kleinbart of counsel), appellant pro se.

NARDELLI, J.P., TOM and MARLOW, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

At age 20, petitioner Richard H. was diagnosed with paranoid schizophrenia. He is now 39 and has been involuntarily committed to various psychiatric institutions for 19 years. His first commitment, in 1984, resulted from an arrest for a series of bank robberies and attempted bank robberies. At each bank, petitioner had handed the teller a note demanding money, and threatened that he had either a gun or a bomb. Apparently...

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