Christopher C. v. Wood

Appellate Division of the Supreme Court of New York

Christopher C. v. Wood

101 A.D.3d 1112, 955 N.Y.2d 889

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 2012

StatusPublished

This text of 101 A.D.3d 1112 (Christopher C. v. Wood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christopher C. v. Wood, 101 A.D.3d 1112, 955 N.Y.2d 889 (N.Y. Ct. App. 2012).

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Opinion

[1113]*1113For the reasons stated in Matter of Robert T. v Sproat (102 AD3d 176 [2d Dept 2012]), the CPLR article 78 petition seeking to prohibit the respondents from enforcing the provision of the order of conditions which directed that, should the petitioner fail to comply with any of the other conditions imposed in that order “and refuse to appear for or comply with a psychiatric examination,” the Commissioner of the New York State Office of Mental Health “shall apply to the court for a Temporary Confinement Order for the purpose of conducting an effective psychiatric examination in a secure facility” must be granted. Florio, Austin and Sgroi, JJ., concur.

Rivera, J.P., concurs in the result on constraint of Matter of Robert T. v Sproat (102 AD3d 176 [2012]).

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[1113]*1113For the reasons stated in Matter of Robert T. v Sproat (102 AD3d 176 [2d Dept 2012]), the CPLR article 78 petition seeking to prohibit the respondents from enforcing the provision of the order of conditions which directed that, should the petitioner fail to comply with any of the other conditions imposed in that order “and refuse to appear for or comply with a psychiatric examination,” the Commissioner of the New York State Office of Mental Health “shall apply to the court for a Temporary Confinement Order for the purpose of conducting an effective psychiatric examination in a secure facility” must be granted. Florio, Austin and Sgroi, JJ., concur.

Rivera, J.P., concurs in the result on constraint of Matter of Robert T. v Sproat (102 AD3d 176 [2012]).

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Bluebook (online)

101 A.D.3d 1112, 955 N.Y.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-c-v-wood-nyappdiv-2012.

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