Opinion
June 22, 1993
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
The erroneous submission of physicians' certificates, concerning a different patient, in support of petitioner's application to retain respondent as an involuntary patient at the BPC, was a jurisdictional defect that petitioner could not remedy by belatedly submitting certificates of the examination of respondent. The correct certificates must be filed no later than 72 hours after respondent requested his release (Mental Hygiene Law § 9.13 [b]; § 9.33). On the record before us there is no proof that a timely examination was ever held.
Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.