Legal Opinion

People ex rel. DeLia v. Munsey

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Leventhal, J.

The primary issue on this appeal is whether the Supreme Court may grant a petition for a writ of habeas corpus brought on behalf of a patient and deny a hospital’s untimely involuntary retention application pursuant to article 9 of the Mental Hygiene Law without first conducting an examination into the patient’s alleged mental disability and detention. Ancillary to our determination, we must also decide whether a petition for a writ of habeas corpus ostensibly filed pursuant to CPLR article 70 on behalf of a person who is involuntarily hospitalized is…

2Cases cited20 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  3. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  4. City of New York v. MaulNew York Court of Appeals · 2010
  5. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998

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