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MATTER OF ADAM K.

2011-10758, Index No. 501168/11.

110 A.D.3d 168 (2013)

970 N.Y.S.2d 297

2013 NY Slip Op 5631

In the Matter of ADAM K., Respondent. KATHLEEN IVERSON, Director of Creedmoor Psychiatric Center, Appellant.

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

Decided August 14, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Cecelia Chang and Patrick J. Walsh of counsel), for appellant.

Mental Hygiene Legal Service, Mineola ( Lesley M. DeLia , Scott M. Wells and Dennis B. Feld of counsel), for respondent.

DICKERSON and HALL, JJ., concur with ANGIOLILLO, J.; SKELOS, J.P., concurs in a separate opinion.

OPINION OF THE COURT

ANGIOLILLO, J.

The petitioner, the director of a state facility, Creedmoor Psychiatric Center (hereinafter Creedmoor), commenced this proceeding for permission to administer antipsychotic medication to an involuntarily committed patient over his objection. At the hearing on the petition, Creedmoor chose not to present the testimony of the patient's treating psychiatrist, and called a single expert witness who had interviewed the patient...

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