Court of Appeals of New York

In a habeas corpus action arising after Holliswood Hospital failed to apply for court authorization to continue the involuntary retention of Stephen S. as required by article 9 Mental Hygiene Law, the decision of the Appellate Division is reversed and the court held that patients can file a habeas corpus petition under article 90 of the N.Y. CPLR and that Mental Hygiene Law section 33.15 is not the exclusive habeas corpus provisions available to article 9 patients.

Appellate Information

• Published 2015/10/22

Judges

• STEIN

Court

• Court of Appeals of New York

Counsel