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PEOPLE EX REL. DELIA v. MUNSEY

2012-09913, Index No. 501318/12.

117 A.D.3d 84 (2014)

983 N.Y.S.2d 35

2014 NY Slip Op 1782

THE PEOPLE OF THE STATE OF NEW YORK ex rel. LESLEY M. DELIA, as Director of Mental Hygiene Legal Services, on Behalf Of STEPHEN S., Respondent, v. DOUGLAS MUNSEY, Appellant.

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

Decided March 19, 2014.

Attorney(s) appearing for the Case

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

Mental Hygiene Legal Service, Mineola ( Lesley M. DeLia , Ana Vuk-Pavlovic and Dennis B. Feld of counsel), for respondent.

RIVERA, J.P., DICKERSON and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

The primary issue on this appeal is whether the Supreme Court may grant a petition for a writ of habeas corpus brought on behalf of a patient and deny a hospital's untimely involuntary retention application pursuant to article 9 of the Mental Hygiene Law without first conducting an examination into the patient's alleged mental disability and detention. Ancillary to our determination, we must also decide whether a petition...

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