State v. DJ

OPINION OF THE COURT

Dineen A. Riviezzo, J.

In this proceeding brought under article 10 of the Mental Hygiene Law, respondent moves to dismiss the petition pursuant to CPLR 3211. For the reasons which follow, the motion is denied.

Respondent argues that this court lacks jurisdiction, that the petition fails to state a cause of action, and that the proceeding is not ripe for review. Respondent maintains that because a Mental Hygiene Law § 10.05 (b) notice did not precede the filing of the current petition, the proceeding is defective under article 10 of the Mental Hygiene Law. Under article 10,…