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STATE (HARKAVY) v. CONSILVIO

8 N.Y.3d 645 (2007)

870 N.E.2d 128

838 N.Y.S.2d 810

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

Court of Appeals of the State of New York.

Decided June 5, 2007.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, First Judicial Department, New York City (Diane Goldstein Temkin, Marvin Bernstein, Stephen J. Harkavy and Karen Gomes Andreasian of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Benjamin N. Gutman, Barbara D. Underwood and Daniel Smirlock of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

This is the second appeal to come before this Court concerning convicted sex offenders who were committed to psychiatric hospitals at the conclusion of their prison sentences. In State of N.Y. ex rel. Harkavy v Consilvio (7 N.Y.3d 607 [2006] [Harkavy I]) we ruled that the State improperly used the involuntary civil commitment...

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