State ex rel. Harkavy v. Consilvio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Malone, J.
We are asked on this appeal to determine whether petitioners, all of whom at least three doctors have found so dangerously mentally ill as to require their involuntary civil commitment to inpatient psychiatric facilities, are subject to procedures under Mental Hygiene Law article 9, which applies to the general public, or Correction Law § 402, which applies to mentally ill prisoners. On the facts presented, we find no basis to provide petitioners heightened due process protections not afforded to their nonincarcerated counterparts and thus would hold that…
2Cases cited7 opinions
- Vitek v. JonesSupreme Court of the United States · 1980
- People Ex Rel. Thorpe v. Von HoldenNew York Court of Appeals · 1984
- In re the Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2000
- In re Pilgrim Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 1994
- People Ex Rel. Ledwith v. . Bd. of TrusteesNew York Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006
- Bailey v. PatakiCourt of Appeals for the Second Circuit · 2013
- People ex rel. DeLia v. MunseyAppellate Division of the Supreme Court of the State of New York · 2014
- State ex rel. Harkavy v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2006
- People ex rel. DeLia v. MunseyAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.