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MATTER OF K.L.

1 N.Y.3d 362 (2004)

806 N.E.2d 480

774 N.Y.S.2d 472

In the Matter of K.L., Appellant. GLENN MARTIN, M.D., as Director of the Department of Psychiatry at Queens Hospital Center, Respondent; ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Dennis B. Feld, Sidney Hirschfeld and Lisa Volpe of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Leonard Koerner and Francis F. Caputo of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Sachin S. Pandya, Caitlin J. Halligan and Michael S. Belohlavek of counsel), in his statutory capacity under Executive Law § 71.

Disability Advocates, Inc., Albany (Cliff Zucker of counsel), New York Lawyers for the Public Interest, Inc., New York City (John A. Gresham of counsel), New York Civil Liberties Union (Beth Haroules of counsel), and Judge David L. Bazelon Center for Mental Health Law, Washington, D.C. (Michael Allen of counsel), for New York Lawyers for the Public Interest, Inc., and others, amici curiae.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

On January 3, 1999, Kendra Webdale was pushed to her death before an oncoming subway train by a man diagnosed with paranoid schizophrenia who had neglected to take his prescribed medication. Responding to this tragedy, the Legislature enacted Mental Hygiene Law § 9.60 (L 1999, ch 408 [Kendra's Law]), thereby joining nearly 40 other states in adopting a system of...

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