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MENTAL HYGIENE v. SULLIVAN

No. 1.

32 N.Y.3d 652 (2019)

119 N.E.3d 1225

95 N.Y.S.3d 544

2019 NY Slip Op 01122

In the Matter of MENTAL HYGIENE LEGAL SERVICE et al., Appellants, v. ANNE MARIE T. SULLIVAN, as Commissioner of Mental Health, et al., Respondents.

Court of Appeals of New York.

Decided February 14, 2019.

Attorney(s) appearing for the Case

Sheila E. Shea , Mental Hygiene Legal Service, Third Judicial Department, Albany ( Shannon Stockwell of counsel), for appellants.

Letitia James , Attorney General, Albany ( Kathleen M. Treasure , Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Chief Judge DiFLORE and Judges RIVERA, FAHEY, GARCIA and FEINMAN concur; Judge WILSON dissents in an opinion.

OPINION OF THE COURT

On this appeal, we are asked to determine whether Mental Hygiene Law articles 10, 29, and 47 mandate, upon a respondent's request, the presence of assigned Mental Hygiene Legal Service (MHLS) counsel at treatment planning meetings for article 10 respondents...

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