Legal Opinion

Rueda v. Charmaine D.

New York Court of Appeals

Decided October 18, 2011PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that an emergency room psychiatrist was “supervising the treatment of or treating” a patient within the meaning of Mental Hygiene Law § 9.27 (b) (11), and so had standing to seek an involuntary commitment of the patient pursuant to section 9.27. The psychiatrist was not required to resort to the emergency procedure contained in Mental Hygiene Law § 9.39.

I

Charmaine D. was brought to the emergency room at Jacobi Medical Center. Dr. Amita Shetty, an attending psychiatrist, found Charmaine to be acutely agitated, trying to take her clothes off, and in need of…

2Cases cited1 opinion

  1. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998

3Cited by10 opinions

  1. Mohamed T. Metropolitan Hospital v. Mohamed T.Appellate Division of the Supreme Court of the State of New York · 2017
  2. B.L. v. AgarkarNew York Supreme Court, New York County · 2024
  3. B.L. v. AgarkarNew York Supreme Court, New York County · 2024
  4. Matter of Catherine YY.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Matter of Catherine YY.Appellate Division of the Supreme Court of the State of New York · 2023

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