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RUEDA v. CHARMAINE D.

No. 154.

17 N.Y.3d 522 (2011)

934 N.Y.S.2d 72

2011 NY Slip Op 7253

In the Matter of CARLOS RUEDA, M.D., Chairman, Department of Psychiatry, Montefiore North Medical Center, Respondent, v. CHARMAINE D., Appellant.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service First Judicial Department, New York City ( Namita Gupta , Marvin Bernstein , Diane G. Temkin and Sadie Zea Ishee of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, Lake Success ( Eric Broutman of counsel), for respondent.

Eric T. Schneiderman , Attorney General, Albany ( Kate H. Nepveu , Barbara D. Underwood , Andrea Oser and Peter H. Schiff of counsel), for New York State Office of Mental Health, amicus curiae.

Moritt Hock & Hamroff LLP, Garden City ( Seth P. Stein and Robert L. Schonfeld of counsel), for New York State Psychiatric Association, Inc., amicus curiae.

Michael A. Cardozo , Corporation Counsel, New York City ( Drake A. Colley and Edward F.X. Hart of counsel), for New York City Health and Hospitals Corporation, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that an emergency room psychiatrist was "supervising the treatment of or treating" a patient within the meaning of Mental Hygiene Law § 9.27 (b) (11), and so had standing to seek an involuntary commitment of the patient pursuant to section 9.27. The psychiatrist was not required to resort to the emergency procedure contained in Mental Hygiene Law § 9.39.

I

Charmaine...

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