Matter of Rasheem S. v. State of N.Y.

DECISION & ORDER

*1 Petitioners Rasheem S. and Christopher B. are subject to civil confinement at Central New York Psychiatric Center (“CNYPC”) pursuant to article 10 of the Mental Hygiene Law (“MHL”). As part of their annual review processes, each petitioner’s current mental condition was separately evaluated by a psychiatric examiner employed with the New York State Office of Mental Health (“OMH”). (See MHL §10.09(b)).Rasheem S. interviewed with Sarah DeMarco, Psy.D., on August 30, 2016. In her written report dated October 5, 2016, Dr. DeMarco diagnosed Rasheem S. with hypersexuality and antisocial personality disorder (“ASPD”), as well as assigned the condition of psychopathy. (See Affirmation of Benjamin D. Agata, Esq., Exhibit A). On April 10, 2017, Dr. DeMarco issued an addendum to her report, in which she clarified that she believes Rasheem S. suffers from the condition of hypersexuality and not a diagnosis of hypersexual disorder.¹Prior to engaging in his interview with Dr. DeMarco, Rasheem S. filed an omnibus motion with this Court seeking, inter alia, the appointment of Mental Hygiene Legal Service (“MHLS”) as counsel and Leonard A. Bard, Ph.D. as an independent examiner. The Court granted said motion. Dr. Bard interviewed Rasheem S. on December 6, 2016, and in his written report dated January 24, 2017, Dr. Bard opined that Rasheem S. cannot be diagnosed with any paraphilic disorder found in the Fifth Edition of the Diagnostic and Statistical Manual (“DSM-V”). Nor did he think Rasheem S. currently suffers from ASPD.With respect to Christopher B., in October 2015, he moved for the appointment of MHLS as counsel and for a stay of his annual review proceeding. The Court granted this motion. Meanwhile, Christopher B. interviewed with Roy Aranda, Psy.D., J.D., an independent examiner, on June 30, 2016. Christopher B. was scheduled to be interviewed on August 19, 2016 by OMH psychiatric examiner Sujatha Ramesh, Ph.D., but he refused to attend. Based upon a records review, Dr. Ramesh issued a written report dated September 12, 2016, in which she diagnosed Christopher B. with ASPD and assigned the condition of