Matter of State of New York v. Richard L.

Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about January 15, 2015, which granted respondent’s motion to dismiss the petition for the civil management of respondent pursuant to article 10 of the Mental Hygiene Law, unanimously reversed, on the law, without costs, the motion denied, the petition reinstated, and the matter remanded for a probable cause hearing.

Supreme Court, relying on Matter of State of New York v Donald DD. (24 NY3d 174 [2014]), found that petitioner failed to state a cause of action. However, based on the subsequent decisions in Matter of…