| Matter of Robert K. |
| 2007 NY Slip Op 06682 [43 AD3d 922] |
| September 11, 2007 |
| Appellate Division, Second Department |
| In the Matter of Robert K., Respondent. Pilgrim Psychiatric Center,Appellant. |
—[*1] Mental Hygiene Legal Service, Mineola, N.Y. (Sidney Hirschfeld, Rachael E. Seevers, andDennis B. Feld of counsel), for respondent.
In a proceeding pursuant to Mental Hygiene Law § 9.27 to retain a patient forinvoluntary psychiatric care, the petitioner appeals from an order of the Supreme Court, SuffolkCounty (Spinner, J.), dated March 2, 2007, which, after a hearing, denied the petition anddirected the release of the patient. By decision and order on motion of this Court dated March 20,2007, enforcement of the order was stayed pending hearing and determination of the appeal.
Ordered that the order is reversed, on the law and the facts, without costs or disbursements,and the petition is granted.
At a hearing to determine whether a patient may be retained in a hospital for involuntarypsychiatric care, the hospital must establish by clear and convincing evidence that the patient ismentally ill and in need of further care and treatment, and that the patient poses a substantialthreat of physical harm to himself or others (see Matter of Harvey S., 38 AD3d 908 [2007]; Matter of Marie H., 25 AD3d 704,707 [2006]; Matter of Ricardo H.,17 AD3d 464, 465 [2005]). Here, that standard was satisfied.
The evidence adduced at the hearing established that the patient, Robert K., suffers fromchronic paranoid schizophrenia and has been repeatedly hospitalized for psychiatric treatment.On January 24, 2007 Robert K. was admitted to Pilgrim Psychiatric Center (hereinafter Pilgrim),wherein he exhibited "belligerent and threatening" behavior and had to be treated withemergency [*2]medication on several occasions. Robert K. deniesthat he has a mental illness and shows no insight into his condition. According to the psychiatristwho testified on behalf of Pilgrim at the hearing, Robert K. continuously refused medication andrefused to participate in his treatment. Moreover, Robert K. has a history of violence while in thecommunity, including an assault on a police officer. Based on the foregoing, Pilgrim establishedby clear and convincing evidence that Robert K. was mentally ill, in need of further care andtreatment, and posed a substantial threat of physical harm to himself or others (see Matter ofHarvey S., supra; Matter of Marie H., supra). Accordingly, the petition for retention shouldhave been granted. Rivera, J.P., Covello, McCarthy and Dickerson, JJ., concur.