Legal Opinion
Matter of Bezio v. New York State Office of Mental Retardation & Developmental Disabilities
New York Court of Appeals
Decided June 14, 1984PublishedCited by 5 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the petition should be reinstated, without prejudice to an application for permission to replead.
We agree with the Appellate Division’s conclusion that section 15.23 of the Mental Hygiene Law is concerned with the suitability of the individual to remain in the status of a voluntary resident, rather than the suitability or appropriateness of the treatment being administered. That the Legislature so intended is evident from the requirement of the section that the court consider not only the…
2Cases cited3 opinions
- Klostermann v. CuomoNew York Court of Appeals · 1984
- Jones v. BeameNew York Court of Appeals · 1978
- Bruno v. CoddNew York Court of Appeals · 1979
3Cited by5 opinions
- Chenier v. Richard W.New York Court of Appeals · 1993
- New York City Coalition to End Lead Poisoning v. KochNew York Supreme Court · 1987
- Hammerstein v. Henry Mountain Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1996
- Hagan v. NixonAppellate Division of the Supreme Court of the State of New York · 1985