Mental Hygiene Legal Service v. Daniels

*260OPINION OF THE COURT

Ben R. Barbato, J.

In this CPLR article 78 proceeding, petitioner seeks to compel respondent to comply with Mental Hygiene Law § 9.31 (b). Petitioner contends that despite the clear language of the foregoing statute—requiring that respondent in a special proceeding pursuant to Mental Hygiene Law § 9.31 (a) provide a copy of a patient’s record, as defined by Mental Hygiene Law § 9.01, 14 NYCRR 501.2 (a), and Mental Hygiene Law § 33.16 (1)—respondent fails to provide a complete copy of the aforementioned record prior to each and every one of the foregoing hearings. Based on…