People ex rel. Michael L. v. Nixon

—Mercure, J.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered April 9, 1998 in Albany County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner is a patient at Capital District Psychiatric Center (hereinafter CDPC), a facility operated by the State Office of Mental Health, on a voluntary admission pursuant to Mental Hygiene Law § 9.13 (a). Petitioner has been diagnosed with several mental illnesses and is also developmentally disabled. This petition for a writ of habeas corpus,…