Opinion
2002-07968
Argued January 24, 2003.
February 18, 2003.
In a proceeding pursuant to Mental Hygiene Law § 9.33 to retain a patient involuntarily admitted to Creedmoor Psychiatric Center, the appeal is from an order of the Supreme Court, Queens County (Dollard, J.), dated August 27, 2002, which, after a hearing, denied the application and directed the release of the patient.
Eliot Spitzer, Attorney-General, New York, N.Y. (Deon J. Nossel, Edward J. Curtis, Jr., and Michele N. Beier of counsel), for appellant.
Mental Hygiene Legal Service, Mineola, N.Y. (Sidney Hirschfeld, Kim L. Darrow, Dennis B. Feld, and Lisa Volpe of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
For a hospital to retain a patient for involuntary psychiatric care, it must establish, by clear and convincing evidence, that the patient is mentally ill and in need of continued care and treatment, and that the patient poses a substantial threat of physical harm to himself or herself or to others (see Matter of Seltzer v. Hogue, 187 A.D.2d 230; Matter of Edward L., 137 A.D.2d 818). In the present case, the appellant failed to show by clear and convincing evidence that the patient's mental illness causes her to pose a substantial threat of physical harm to herself or others (see Matter of George L., 85 N.Y.2d 295, 307-308; Matter of Seltzer v. Grace J., 213 A.D.2d 412; cf. Matter of Boggs v. New York City Health Hosps. Corp., 132 A.D.2d 340). The law does not authorize the involuntary retention of a patient solely for the purpose of providing treatment (see Matter of Harry M., 96 A.D.2d 201; Matter of Scopes v. Shah, 59 A.D.2d 203). Accordingly, the hearing court properly denied the application and directed that the patient be discharged.
FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.