Gilliard v. Sanchez

Order, Supreme Court, Bronx *501County (Bertram Katz, J.), entered on or about March 8, 1995, which, after a retention hearing pursuant to Mental Hygiene Law § 9.13, directed that respondent be released from the Bronx Psychiatric Center, unanimously affirmed, without costs.

Petitioner failed to establish by clear and convincing evidence that as a result of mental illness, respondent would present a substantial threat of physical harm to himself or others if released from the psychiatric institution (see, Matter of Carl C., 126 AD2d 640). The State’s only witness, respondent’s treating physician,…