Legal Opinion

In re Judge

New York Supreme Court

Decided July 9, 2002Published

1Opinion of the Court

OPINION OF THE COURT

Raymond E. Cornelius, J.

This case raises the question concerning which party should assume the burden of proof in a hearing, conducted pursuant to Mental Hygiene Law § 9.31, following an involuntary admission, under Mental Hygiene Law § 9.27.

The patient, Charles Judge, is well-known to the court, based upon previous cases, and was most recently admitted to the Rochester Psychiatric Center, pursuant to section 9.27. This section provides for an involuntary admission to a hospital, based upon the certificates of two examining physicians, accompanied by an application. Under…

2Cases cited15 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. O'Connor v. DonaldsonSupreme Court of the United States · 1975
  3. In re ScopesAppellate Division of the Supreme Court of the State of New York · 1977
  4. Seltzer v. HogueAppellate Division of the Supreme Court of the State of New York · 1993
  5. In re Carl C.Appellate Division of the Supreme Court of the State of New York · 1987

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