In re Dailey

OPINION OF THE COURT

Anthony J. Cutrona, J.

Respondent moves to dismiss the petition of David Dailey, M.D. seeking the issuance of an order authorizing assisted outpatient treatment (hereinafter referred to as ACT) pursuant to Mental Hygiene Law § 9.60, also referred to as Kendra’s Law.

This motion calls upon the court to determine the meaning of Mental Hygiene Law § 9.60 (c) (4) (i). As Mental Hygiene Law § 9.60 is a new law, issues regarding statutory interpretation and constitutionality are only now being submitted for judicial review.1

The Statute

In 1999, the New York State Legislature…