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STATE OF NY v. CONSILVIO

34 A.D.3d 67 (2006)

819 N.Y.S.2d 499

STATE OF NEW YORK ex rel. STEPHEN J. HARKAVY, on Behalf of JOHN DOES Nos. 13 through 22, Respondent-Appellant, v. EILEEN CONSILVIO, as Executive Director of Manhattan Psychiatric Center and Kirby Forensic Psychiatric Center, Appellant-Respondent.

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

July 27, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Julie Loughran and Daniel Smirlock of counsel), for appellant-respondent.

Marvin Bernstein, Mental Hygiene Legal Service, New York City (Diane Goldstein Temkin and Karen G. Andreasian of counsel), for respondent-appellant.

TOM, J.P., FRIEDMAN, SULLIVAN and MALONE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

This is an appeal by respondent-appellant, Eileen Consilvio, Executive Director, Manhattan Psychiatric Center and Kirby Forensic Psychiatric Center, from an order and judgment (one paper) which partially granted a habeas corpus petition insofar as to order the conditional release of the petitioners, eight former inmates who were transferred from various prisons to the Kirby Forensic Psychiatric Center after completing prison...

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