Despite a hospital’s late application to extend the involuntary confinement of a mentally ill man, a judge should not have ordered his release without a hear- ing, a Brooklyn appellate court has ruled.
“When the Supreme Court is presented with an untimely retention application, it generally cannot dismiss the retention application and direct the patient’s release absent an inquiry into the patient’s alleged mental disability and detention,” Justice John Leventhal (See Profile) of the Appellate Division, Second Department, said in People ex rel. Stephen S. v Munsey, 2012-09913.
