In re John N.

*835In a proceeding pursuant to Mental Hygiene Law §§ 9.13 and 9.33 to retain a patient in a mental health care facility for involuntary psychiatric care for a period not to exceed six months, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Bivona, J.), dated January 24, 2008, as, after a hearing, denied the petition and directed the release of the patient. By decision and order on motion of this Court dated April 2, 2008, enforcement of the order was stayed pending hearing and determination of the appeal.

Ordered that the order is…