Lopez v. Perez

Appellate Division of the Supreme Court of New York

Lopez v. Perez

194 A.D.2d 467, 599 N.Y.S.2d 31

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

DecidedJune 22, 1993

StatusPublished

This text of 194 A.D.2d 467 (Lopez v. Perez) 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

Lopez v. Perez, 194 A.D.2d 467, 599 N.Y.S.2d 31 (N.Y. Ct. App. 1993).

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Opinion

—Order, Supreme Court, Bronx County (Anita Florio, J.), entered on or about January 6, 1993, which dismissed the petition to involuntarily retain respondent, and released respondent from the Bronx Psychiatric Center (BPC), unanimously affirmed, without costs.

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 [468]*468is no proof that a timely examination was ever held. Concur— Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.

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—Order, Supreme Court, Bronx County (Anita Florio, J.), entered on or about January 6, 1993, which dismissed the petition to involuntarily retain respondent, and released respondent from the Bronx Psychiatric Center (BPC), unanimously affirmed, without costs.

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 [468]*468is no proof that a timely examination was ever held. Concur— Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.

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Bluebook (online)

194 A.D.2d 467, 599 N.Y.S.2d 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-perez-nyappdiv-1993.

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