Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the petition is granted.
Contrary to the determination of the Supreme Court, the patient, John N., is a person "in need of involuntary care and treatment" (Mental Hygiene Law § 9.01). To retain a patient in a mental health facility for involuntary psychiatric care, the facility must establish, by clear and convincing evidence, that the patient is mentally ill and...
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