IN THE MATTER OF DIONNE D.


5 A.D.3d 766 (2004)

774 N.Y.S.2d 167

In the Matter of DIONNE D., Respondent. CHARLOTTE SELTZER, Appellant.

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

March 29, 2004.


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the petition is granted.

Contrary to the determination of the Supreme Court, the patient, Dionne D., is a person "in need of involuntary care and treatment" (Mental Hygiene Law § 9.01). To retain a patient in a mental health care facility for involuntary psychiatric care, the facility or its director must establish by clear and convincing evidence that the patient...

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