People ex rel. Bousquet v. Katz

Fein, J. (dissenting).

This is an appeal from an order dismissing a writ of habeas corpus and directing remand to the custody of respondent medical director of Bellevue Psychiatric Hospital, more than seven weeks after relator’s involuntary admission to the hospital. Relator was discharged from the hospital shortly after dismissal of his writ. I disagree with the majority that this issue was rendered moot by relator’s discharge; I would reverse and sustain the writ. Article 9 of the Mental Hygiene Law is concerned with the hospitalization of the mentally ill. Such hospitalization is divided…