Matter of Albert C. v. Gross

The CPLR article 78 application seeking relief in the nature of a writ of mandamus is denied and the proceeding dismissed, without costs.

Pursuant to Mental Hygiene Law § 10.07 (a), a trial shall be commenced within 60 days of the court’s probable cause determination. However, this deadline is not strictly construed (Matter of State of New York v Keith F, 149 AD3d 671 [1st Dept 2017], lv denied 29 NY3d 917 [2017]). The State’s failure to comply with the deadline does not affect the validity of the article 10 petition or actions subject to deadlines (id.; see also Matter of Grossman v Rankin,…