Anthony M. v. N.Y. Comm'r of Mental Health

• Decision Date: 31 January 2013
• Citation: 958 N.Y.S.2d 591,2013 N.Y. Slip Op. 00552,102 A.D.3d 628
• Parties: In re ANTHONY M., etc., Defendant–Respondent, New York State Commissioner of Mental Health, Petitioner–Respondent, Thomas J. Spota, etc., Appellant.
• Court: New York Supreme Court — Appellate Division

102 A.D.3d 628

958 N.Y.S.2d 591

2013 N.Y. Slip Op. 00552

In re ANTHONY M., etc., Defendant–Respondent, New York State Commissioner of Mental Health, Petitioner–Respondent, Thomas J. Spota, etc., Appellant.

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

Jan. 31, 2013.

Thomas J. Spota, District Attorney, Suffolk County, Riverhead (Guy Arcidiacono of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York (Patrick J. Walsh of counsel), for New York State Commissioner of Mental Health, respondent.

Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane G. Temkin of counsel), for Anthony M., respondent.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about March 12, 2012, which granted the application for an order unconditionally discharging defendant Anthony M. from supervision pursuant to CPL 330.20(13), and terminating his order of conditions, unanimously affirmed, without costs.

A fair interpretation of the evidence supports the court's determination that the “issuance of [the] discharge order [was] consistent with the public safety and welfare of the community and the defendant” (CPL 330.20[13] ) ( see Matter of Rabinowitz v. James M., 63 A.D.3d 481, 879 N.Y.S.2d 715 [1st Dept. 2009] ). There is no basis to disturb the hearing court's evaluation of the testimony of the psychiatric experts ( see Matter of Kelly, 265 A.D.2d 154, 696 N.Y.S.2d 132 [1st Dept. 1999] ). Indeed, the record shows that defendant has treated his schizophrenia with medication for the past several decades and understands the role his medication plays in maintaining his health. He has also successfully been on outpatient status for more than six years.

We have considered appellant's remaining contentions and find them unavailing.

TOM, J.P., ANDRIAS, ACOSTA, MANZANET–DANIELS, JJ., concur.