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PEOPLE EX REL DeLIA v. MUNSEY

No. 136

26 N.Y.3d 124 (2015)

41 N.E.3d 1119

20 N.Y.S.3d 304

2015 NY Slip Op 07697

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

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Michael D. Neville , Mental Hygiene Legal Service, Mineola ( Lisa Volpe , Dennis B. Feld and Ana Vuk-Pavlovic of counsel), for appellant.

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

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA and FAHEY concur; Judge ABDUS-SALAAM dissents and votes to affirm in an opinion.

OPINION OF THE COURT

In this appeal, we are asked to determine whether a patient who is involuntarily committed under article 9 of the Mental Hygiene Law and is unlawfully held beyond the authorized retention period may seek a writ of habeas corpus under article 70 of the CPLR...

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