Justice Martin Schulman
In this motion for a writ of habeas corpus for the immediate release of petitioner from Creedmore Psychiatric Center, only petitioner's treating psychiatrist, Mossop, at Queens Hospital Center testified. Petitioner was retained involuntarily for a six month period after a retention hearing. She sought a rehearing and review of the retention proceedings under Mental Hygiene Law §9.35, which mandated a jury try the question of the mental illness and need for the patient's retention, unless waived. Mossop converted petitioner's status from involuntary to voluntary, and subsequently to involuntary within a two day period after the request for a rehearing and review. Petitioner was then transferred to Creedmore 14 days later. The court noted petitioner's counsel was neither contacted upon the status changes, nor prior to her transfer. Counsel argued petitioner's liberty was unlawfully deprived and she was deprived of her right to counsel at every stage of the change in her status. The court found §33.15(b) was inapplicable, despite the Attorney General's assertion to the contrary, as the state failed to meet its evidentiary burden that petitioner's detention was lawful. It stated it could not condone the egregious conduct of illegally retaining and civilly confining a patient, granting the writ.
