Opinion
2003-00144.
Argued October 21, 2003.
November 24, 2003.
In an action to recover damages for false imprisonment, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Bruno, J.), dated November 4, 2002, which granted the defendants' motion for summary judgment dismissing the complaint and dismissed the complaint.
Joel M. Lutwin, New York, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
"A valid, binding, and enforceable court order obtained and issued in accordance with the Mental Hygiene Law precludes the relitigation of the issues determined therein in a later action to recover damages" ( Porter v. Westchester County Med. Ctr., 252 A.D.2d 518, 519; see Krajca v. City of New York, 305 A.D.2d 375, 376). Further, "[a] collateral attack upon a prior order is impermissible" ( Matter of Joseph v. Roldan, 289 A.D.2d 243, 244; see Krajca v. City of New York, supra).
In the instant case, the plaintiff was afforded an opportunity to challenge the propriety of his involuntary commitment at a May 5, 1988, mental health hearing, following which the Supreme Court denied his application for release, finding him mentally ill and in need of retention. The plaintiff did not appeal from this order or seek to vacate it. Thus, he is collaterally estopped from re-litigating the issue of his involuntary commitment. Accordingly, summary judgment dismissing the complaint was properly granted.
The plaintiff's remaining contentions are without merit.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.