Legal Opinion
The People of the State of New York, ex rel. Lesley M. DeLia v. Douglas Munsey
New York Court of Appeals
Decided October 22, 2015No. 136PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
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. We answer this question in the affirmative, concluding that Mental Hygiene Law § 33.15 is not the exclusive habeas corpus provision available to article 9 patients and does not govern habeas corpus proceedings for those patients whose detention is challenged for reasons other than the patient’s recovery.
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2Cases cited25 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Vitek v. JonesSupreme Court of the United States · 1980
- Humphrey v. CadySupreme Court of the United States · 1972
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Rodriguez v. City of New YorkCourt of Appeals for the Second Circuit · 1995
20 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People ex rel. Ferro v. BrannAppellate Division of the Supreme Court of the State of New York · 2020
- People ex rel. Green v. Superintendent of Sullivan Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2016
- People ex rel. Neville v. ToulonAppellate Division of the Supreme Court of the State of New York · 2023
- People ex rel. Ciocco v. DzurendaAppellate Division of the Supreme Court of the State of New York · 2020
- People ex rel. Rolls v. BrannAppellate Division of the Supreme Court of the State of New York · 2020
13 more not listed; retrieve them via the Exa API.