Matter of Nile W.
| Decision Date | 21 July 2009 |
| Docket Number | 2008-04753. |
| Citation | 2009 NY Slip Op 05972,882 N.Y.S.2d 690,64 A.D.3d 717 |
| Parties | In the Matter of NILE W., Respondent. KATHLEEN IVERSON, Executive Director, Creedmoor Psychiatric Center, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, without costs or disbursements.
In July 2006 Creedmoor Psychiatric Center (hereinafter Creedmoor) admitted the respondent Nile W. (hereinafter the patient) for involuntary care and treatment of depression and drug addiction. In September 2007 the patient, who at the time was a voluntary patient, requested her release. In response, the petitioner Kathleen Iverson, Executive Director of Creedmoor, commenced a proceeding pursuant to Mental Hygiene Law § 9.13 for the continued retention of the patient for involuntary care and treatment.
The Supreme Court conducted a hearing regarding the application for continued retention. During the hearing, counsel for the patient made an oral application to the court for summary judgment dismissing the petitioner's application. While on the record, the Supreme Court granted the motion and ordered the release of the patient. That same day, the Supreme Court issued an order dated September 25, 2007 directing the immediate release of the patient. The court crossed out a provision in the pre-typed order providing for a temporary stay of the patient's release. Thereafter, apparently while still in the courtroom, the petitioner served the patient with a notice of appeal from the order dated September 25, 2007. The patient then left the courtroom and has not returned to Creedmoor.
Subsequently, the petitioner moved to vacate so much of the order dated September 25, 2007, as, in effect, denied her application to invoke the automatic stay provisions of CPLR 5519 (a) (1) to prevent the patient's release. The Supreme Court denied the motion, finding that an automatic stay pursuant to CPLR 5519 (a) (1) was not available under the circumstances, and that, in any event, the issue was moot since the patient had been released from Creedmoor.
The petitioner appeals from the Supreme Court's denial of the motion to vacate. The patient did not file a brief in response to the appeal. This Court granted Mental Hygiene Legal...
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Mental Hygiene Legal Serv. ex rel. oliviah CC. v. Delaney (In re Mental Hygiene Legal Serv. ex rel. Oliviah)
... 176 A.D.3d 24 109 N.Y.S.3d 469 In the Matter of MENTAL HYGIENE LEGAL SERVICE, ON BEHALF OF OLIVIAH CC., an Infant, Appellant, v. Kerry DELANEY, as Acting Commissioner of the Office for People ... Daines, 19 N.Y.3d 1087, 1090, 955 N.Y.S.2d 831, 979 N.E.2d 1158 [2012] ; Matter of Nile W., 64 A.D.3d 717, 719, 882 N.Y.S.2d 690 [2009] ). Supreme Court did not err in directing petitioner to join the school district as a respondent ... ...
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Smith v. Proud
... ... Village of Chestnut Ridge v. Town of Ramapo, 99 A.D.3d at 930; In re Nile W., 64 A.D.3d 717, 719 (2d Dep't 2009); Ulster Home Care v. Vacco, 255 A.D.2d 73, 78 (3d Dep't 1999); White v. City of Jamestown, 242 A.D.2d 979 (4th ... ...
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Mental Hygiene Legal Serv. ex rel. William T. v. Delaney
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