State v. Swartz

OPINION OF THE COURT

Elizabeth A. Garry, J.

Petitioner commenced this proceeding pursuant to article 10 of the Mental Hygiene Law by order to show cause dated October 5, 2007 upon a petition for civil management pursuant *595to Mental Hygiene Law § 10.06 (a). Respondent cross-moves for dismissal of the article 10 application upon the grounds that there was a prior petition withdrawn under circumstances requiring a change of circumstances for reinstitution, that the court lacks subject matter jurisdiction based upon the underlying circumstances, and that the State may not employ article 10 to revoke…