Boggs v. New York City Health & Hospitals Corp.

Milonas, J. (dissenting).

The issue before this court can be summarized as follows: Have respondents-appellants the New York City Health and Hospitals Corporation and Bellevue Hospital (respondents) established by clear and convincing evidence that petitioner-respondent Joyce Brown, also known as Billie Boggs (petitioner), has a mental illness for which immediate observation, care and treatment in a hospital is appropriate and which presents a real and present threat that it will result in a substantial harm to herself or others? In our opinion, respondents have failed to demonstrate the…