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STATE OF NY v. PATRICIA II.

6 N.Y.3d 160 (2006)

844 N.E.2d 743

811 N.Y.S.2d 289

STATE OF NEW YORK, Respondent, v. PATRICIA II., Appellant.

Court of Appeals of the State of New York.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Third Judicial Department, Albany (Sheila E. Shea of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Michelle Aronowitz, Julie S. Mereson, Caitlin J. Halligan and Daniel Smirlock of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is whether a former psychiatric patient's ability to pay the costs of her care and treatment incurred at a state-operated psychiatric facility is a condition precedent to the State's right to maintain an action to recover those costs under article 43 of the Mental Hygiene Law. We hold that it is not.

Defendant was a patient at the state...

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