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STATE (HARKAVY) v. CONSILVIO

7 N.Y.3d 607 (2006)

859 N.E.2d 508

825 N.Y.S.2d 702

STATE OF NEW YORK ex rel. STEPHEN J. HARKAVY, on Behalf of JOHN DOE Nos. 1 THROUGH 12, Appellant, v. EILEEN CONSILVIO, as Executive Director of Manhattan Psychiatric Center and KIRBY FORENSIC PSYCHIATRIC CENTER, Respondent.

Court of Appeals of New York.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, First Judicial Department, New York City (Sadie Zea Ishee, Stephen J. Harkavy and Karen Gomes Andreasian of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan, Daniel Smirlock and Benjamin N. Gutman of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur with Judge CIPARICK; Judge SMITH concurs in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is whether the procedure employed by the State in involuntarily committing certain sex offenders leaving the custody of the Department of Correctional Services (DOCS) was proper. In the absence of specific statutory authority governing the release of felony offenders from prison to a psychiatric hospital, we hold that the procedures set forth...

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