Matter of New York State Off. of Mental Health v. Joseph C.

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered July 24, 2014, which, after a hearing, denied the application for further retention of respondent at a secure psychiatric facility and directed respondent’s transfer to a nonsecure facility, unanimously reversed, on the law, without costs, and the application granted.

Reversal of Supreme Court’s order is warranted where the record shows that petitioner established by a preponderance of the evidence, through the testimony and reports of mental health professionals, that respondent continues to exhibit a level of…