People ex rel. DeLia v. Munsey

Stephen S. was a patient who was involuntarily committed under article 9 of the Mental Hygiene Law. Because Stephen had been unlawfully held by a hospital beyond the authorized retention period Mental Hygiene Legal Service commenced this habeas corpus proceeding on behalf of Stephen seeking his immediate release from the hospital. Stephen argued that he was entitled to immediate release upon a writ of habeas corpus under N.Y. C.P.L.R. 70. Supreme Court directed the writ. The Appellate Division concluded that, despite the hospital’s failure to comply with the Mental Hygiene Law, Stephen was not entitled to immediate release because the habeas corpus petition was governed by N.Y. Mental Hyg. Law 33.15, not N.Y. C.P.L.R. 70. The Court of Appeals reversed, holding that N.Y. Mental Hyg. Law 33.15 is not the exclusive habeas corpus provision available to article 9 patients and does not govern habeas corpus proceedings for those patients whose detention is challenged for reasons other than the patient’s recovery. View "People ex rel. DeLia v. Munsey" on Justia Law