Legal Opinion
State ex rel. Harkavy v. Consilvio
New York Supreme Court
Decided November 15, 2005PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Jacqueline W. Silbermann, J.
Stephen J. Harkavy, the Deputy Director of the Mental Hygiene Legal Service (MHLS), petitions this court for a writ of habeas corpus, pursuant to CPLR article 70, seeking the immediate release of 12 ex-prisoners, who were transferred from prison to a psychiatric hospital at the conclusion of their terms of imprisonment, ostensibly as a means of avoiding their release. The civil confinement was accomplished pursuant to section 9.27 (a) of the Mental Hygiene Law, which provides for the involuntary hospitalization of persons who are mentally ill,…
2Cases cited5 opinions
- Vitek v. JonesSupreme Court of the United States · 1980
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- People Ex Rel. Thorpe v. Von HoldenNew York Court of Appeals · 1984
- In re Jeannette S.Appellate Division of the Supreme Court of the State of New York · 1990
- Yvette S. v. SanchezAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006
- Bailey v. PatakiCourt of Appeals for the Second Circuit · 2013
- State ex rel. Harkavy v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2006
- State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006