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STATE (HARKAVY) v. CONSILVIO

29 A.D.3d 221 (2006)

812 N.Y.S.2d 496

STATE OF NEW YORK ex rel. STEPHEN J. HARKAVY, on Behalf of JOHN DOE NOS. 1 THROUGH 12, 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.

March 30, 2006.

Attorney(s) appearing for the Case

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

Marvin Bernstein, Mental Hygiene Legal Service, New York City (Sadie Zea Ishee, Stephen J. Harkavy and Karen Gomes Andreasian of counsel), for respondents-appellants.

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

OPINION OF THE COURT

MALONE, J.

We are asked on this appeal to determine whether petitioners, all of whom at least three doctors have found so dangerously mentally ill as to require their involuntary civil commitment to inpatient psychiatric facilities, are subject to procedures under Mental Hygiene Law article 9, which applies to the general public, or Correction Law § 402, which applies to mentally...

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