In re Sherman

OPINION OF THE COURT

Edward J. Greenfield, J.

In these two separate but related proceedings, a patient in a hospital for the mentally ill, who had been admitted on a voluntary basis, had requested from the hospital director permission to leave the hospital.

Section 9.13 of the Mental Hygiene Law (L 1977, ch 978) *432requires the hospital to take action within 72 hours of the patient’s request for release. It provides: "(b) If such voluntary patient gives notice in writing to the director of the patient’s desire to leave the hospital, the director shall promptly release the patient; provided,…