IN THE MATTER OF NEW YORK STATE OFF. OF MENTAL HEALTH v. JOSEPH C.

14467, 530326/11

126 A.D.3d 477 (2015)

5 N.Y.S.3d 398

2015 NY Slip Op 01902

In the Matter of NEW YORK STATE OFFICE OF MENTAL HEALTH, Appellant, v. JOSEPH C., Respondent.

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

Decided March 10, 2015.


Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered July 24, 2014, which, after a hearing, denied the application for further retention of respondent at a secure psychiatric facility and directed respondent's transfer to a nonsecure facility, unanimously reversed, on the law, without costs, and the application granted.

Reversal of Supreme Court's order is warranted where the record shows that petitioner established by a preponderance of the evidence...

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