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Marsha W. W. v. Capital District Psychiatric Center

Citations: 103 A.D.2d 988; 479 N.Y.S.2d 582; 1984 N.Y. App. Div. LEXIS 19657

Court: Appellate Division of the Supreme Court of the State of New York; July 26, 1984; New York; State Appellate Court

Narrative Opinion Summary

The case concerns an appeal from a Supreme Court order denying a petitioner's release under section 9.39 of the Mental Hygiene Law. The petitioner was initially taken by police from a women's shelter to a hospital and then admitted to a psychiatric center under emergency provisions. After a court hearing, it was determined that although the initial admission was improper, the petitioner should be retained for 15 days due to mental illness. The petitioner appealed this decision, but the appeal became moot when the retention order expired and the petitioner was subsequently released. The appellate court dismissed the appeal on the grounds of mootness, with all justices concurring and without imposing costs. The case highlights issues related to emergency psychiatric admissions, the justification for retention, and the mootness doctrine in appellate procedures.

Legal Issues Addressed

Emergency Admission Under Mental Hygiene Law Section 9.39

Application: The petitioner was admitted to a psychiatric center under the emergency provisions of the Mental Hygiene Law after being taken from a shelter by police.

Reasoning: On January 2, 1984, the petitioner was taken to Ellis Hospital from the Schenectady Battered Women’s Shelter by police and subsequently admitted to the Capital District Psychiatric Center under emergency provisions of the law.

Judicial Review of Psychiatric Retention

Application: The court held a hearing to determine the necessity of the petitioner's continued retention, ultimately finding the initial admission improper but the retention justified.

Reasoning: The court heard testimonies from the petitioner’s psychiatrist and sister, concluding that the petitioner suffered from a mental illness requiring treatment. Although the court found the initial admission improper, it determined that retention was justified and ordered the petitioner to be retained for 15 days.

Mootness Doctrine in Appellate Procedure

Application: The appellate court dismissed the appeal as moot following the expiration of the retention order and the petitioner’s release.

Reasoning: However, after the retention order expired on January 17, 1984, the respondent moved to dismiss the appeal as moot. The appellate court denied this motion without prejudice but later found that the matter was moot since the petitioner had been released.