People ex rel. DeLia v. Munsey

OPINION OF THE COURT

Leventhal, J.

The primary issue on this appeal is whether the Supreme Court may grant a petition for a writ of habeas corpus brought on behalf of a patient and deny a hospital’s untimely involuntary retention application pursuant to article 9 of the Mental Hygiene Law without first conducting an examination into the patient’s alleged mental disability and detention. Ancillary to our determination, we must also decide whether a petition for a writ of habeas corpus ostensibly filed pursuant to CPLR article 70 on behalf of a person who is involuntarily hospitalized is…