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MATTER OF DOLAN

27466-IC

33 Misc.3d 870 (2011)

930 N.Y.S.2d 425

2011 NY Slip Op 21339

In the Matter of JAMES R. DOLAN, JR., Director of Community Services for the County of Nassau, Petitioner, for an Order Authorizing Assisted Outpatient Treatment for LISA O. (Anonymous), Respondent.

Supreme Court, Nassau County.

Decided September 27, 2011.

Attorney(s) appearing for the Case

John Ciampoli , County Attorney, Uniondale ( Nicholas Esposito of counsel), for petitioner.

Mental Hygiene Legal Service, Mineola ( Israel Flamenbaum of counsel), for respondent.

OPINION OF THE COURT

GARY F. KNOBEL, J.

The threshold issues presented at the hearing on the petition at bar are (1) whether the May 10, 2011 Court of Appeals holding in Matter of Miguel M. (Barron) (17 N.Y.3d 37 [2011]) should be applied "retroactively" in this proceeding pursuant to Mental Hygiene Law § 9.60 for assisted outpatient treatment (AOT) where the respondent's records were obtained by the...

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