MATTER OF ROBERT K.


43 A.D.3d 922 (2007)

842 N.Y.S.2d 42

In the Matter of ROBERT K., Respondent. PILGRIM PSYCHIATRIC CENTER, Appellant.

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

Decided September 11, 2007.


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the petition is granted.

At a hearing to determine whether a patient may be retained in a hospital for involuntary psychiatric care, the hospital must establish by clear and convincing evidence that the patient is mentally ill and in need of further care and treatment, and that the patient poses a substantial threat of physical harm to himself or others (see Matter...

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