Savastano v. Nurnberg

569 N.E.2d 421, 77 N.Y.2d 300, 567 N.Y.S.2d 618, 1990 N.Y. LEXIS 4466
CourtNew York Court of Appeals
DecidedDecember 27, 1990
StatusPublished
Cited by22 cases

This text of 569 N.E.2d 421 (Savastano v. Nurnberg) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Savastano v. Nurnberg, 569 N.E.2d 421, 77 N.Y.2d 300, 567 N.Y.S.2d 618, 1990 N.Y. LEXIS 4466 (N.Y. 1990).

Opinion

OPINION OF THE COURT

Titone, J.

At issue on this appeal is the constitutionality of the statutory and regulatory scheme which permits the Commissioner of the New York State Office of Mental Health to authorize the transfer of involuntarily committed mentally ill patients, over their objection, from municipal acute-care facilities to intermediate and long-term State mental health institutions, without holding a prior judicial hearing as to the appropriateness of the transfer (see, Mental Hygiene Law § 29.11; 14 NYCRR 517.4). For the reasons that follow, we conclude that the procedural scheme which has been established does not violate the Due Process Clause of either the Federal or the [305]*305New York State Constitution (US Const 14th Amend; NY Const, art I, § 6).

I

In February 1987, Francis Savastano, the then Director of the Mental Hygiene Legal Service,1 commenced this declaratory judgment action on behalf of three involuntary patients who were going to be transferred, over their objection, from the Queens Hospital Center, a general municipal hospital with a 46-bed inpatient acute-care psychiatric ward, to the Creed-moor Psychiatric Center, a facility operated by the New York State Office of Mental Health. Specifically, plaintiffs contended that section 29.11 of the Mental Hygiene Law and 14 NYCRR 517.4, which authorized their transfer without a prior judicial hearing, violated their due process rights under the United States and New York State Constitutions.

After hearing oral argument, the Supreme Court, Queens County (Di Tucci, J.), declared the statutory and regulatory scheme to be unconstitutional, viewing its procedural protections as inadequately safeguarding the due process rights of objecting patients. On appeal, however, the Appellate Division reversed, disagreeing with the Supreme Court’s conclusion that the transfers in question even implicated a constitutionally protected liberty interest. The court, however, also went on to hold that even if such an interest did exist, the procedures which had been set up were sufficient to satisfy the demands of due process under both the Federal and our State Constitutions. Plaintiffs appealed as of right to this Court (CPLR 5601 [b] [1]). We now affirm.

II

Under the laws of this State, those who suffer, or are believed to suffer, from mental illness are protected by a network of procedural safeguards. For instance, while a patient may initially be involuntarily admitted to a mental health facility upon the certification of two examining physicians (Mental Hygiene Law § 9.27 [a]),2 the patient may within 60 days of his or her admittance request a judicial hearing as [306]*306to whether continued involuntary care is needed (Mental Hygiene Law § 9.31 [a]). If the court determines that it is not, then the patient must be released (Mental Hygiene Law § 9.31 [c]). Further, even if the patient does not request a hearing, judicial authorization for continued retention of the patient must be sought within 60 days of the patient’s admission (Mental Hygiene Law § 9.33 [a]).

The provisions at issue on this appeal afford similar protections. Section 29.11 of the Mental Hygiene Law,3 and particularly its implementing regulations (14 NYCRR 517.4), provide a procedural framework that must be followed before an objecting patient may be transferred from a municipal psychiatric facility to a State institution. Under these regulations, such a transfer4 may occur only after the patient is given the opportunity to appeal the proposed transfer to the sending hospital’s director or its clinical director (14 NYCRR 517.4 [c] [3]). While the appeal may be conducted informally,5 without adherence to the rules of evidence and record keeping, the director or clinical director must review the patient’s past history; give the patient, the Mental Hygiene Legal Service and any patient representative the opportunity to discuss the patient’s objections to transfer; and, based on certain enumerated criteria,6 determine whether, on balance, the transfer [307]*307would be in the patient’s best interest (id.). The receiving hospital must also be given the opportunity to examine the patient prior to admission, and may reject the transfer if it finds it would be inappropriate (14 NYCRR 517.4 [g]). Additionally, a patient who is dissatisfied with a transfer determination may challenge it by commencing an article 78 proceeding and may seek injunctive relief staying the transfer pending judicial review (CPLR 7805). Significantly, even if the transfer is upheld, the receiving institution may retain the patient only for the balance of the period for which the sending facility was authorized to do so, unless a further court order is obtained (Mental Hygiene Law § 29.11 [j]).

Ill

In challenging the administrative appeal procedure set forth above, plaintiffs essentially argue that due process requires that a full-scale judicial hearing be held before an objecting patient may be transferred to a State-operated psychiatric institution. We disagree. Although there can be no doubt that an involuntarily admitted mentally ill patient does not abandon his or her constitutional rights at the facility door (see, Youngberg v Romeo, 457 US 307, 315-316; Rivers v Katz, 67 NY2d 485), it is equally true that the procedural protections required by due process must be determined with reference to the rights and interests at stake (see, Washington v Harper, 494 US 210, —, 110 S Ct 1028, 1040-1041). Assuming, without deciding, that a transfer from an acute-care facility to a State-operated institution implicates a constitutionally protected liberty interest, we conclude that the procedural protections provided by the regulatory scheme at issue here sufficiently safeguard the due process rights of those involuntary patients who object to being transferred (US Const 14th Amend; NY Const, art I, § 6).7

[308]*308Our analysis is guided by the United States Supreme Court’s decision in Mathews v Eldridge (424 US 319, 335), where it was held that: “[[Identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.”

While, in balancing these competing concerns, we recognize that a patient’s interest in not being inappropriately transferred to an intermediate or long-term State mental health institution is not insubstantial, we cannot ignore the fact that the decision to transfer reflects primarily a medical judgment about the kind of facility that would best serve the patient’s therapeutic needs (see, 14 NYCRR 517.4 [d] [1]). Such a decision seems most appropriately left to those who have an expertise in that field (see, Washington v Harper, supra, at —, at 1042; Parham v J. R., 442 US 584, 607 [“ 'neither judges nor administrative hearing officers are better qualified than psychiatrists to render psychiatric judgments’ ”];

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Spence v. Office of the N.Y. State Comptroller
2025 NY Slip Op 04208 (Appellate Division of the Supreme Court of New York, 2025)
Barkai v. Nuendorf
S.D. New York, 2021
Hirschfeld v. Horton
88 A.D.3d 401 (Appellate Division of the Supreme Court of New York, 2011)
Jamie R. v. Consilvio
844 N.E.2d 285 (New York Court of Appeals, 2006)
Consilvio v. Michael B.
307 A.D.2d 852 (Appellate Division of the Supreme Court of New York, 2003)
In re K.L.
302 A.D.2d 388 (Appellate Division of the Supreme Court of New York, 2003)
Mental Hygiene Legal Services v. Ford
705 N.E.2d 1191 (New York Court of Appeals, 1998)
Mental Hygiene Legal Services v. Ford
242 A.D.2d 417 (Appellate Division of the Supreme Court of New York, 1997)
People ex rel. Noel B. v. Jones
230 A.D.2d 809 (Appellate Division of the Supreme Court of New York, 1996)
Lylange P. v. Kesselman
162 Misc. 2d 376 (New York Supreme Court, 1994)
In re Jerome G.
201 A.D.2d 562 (Appellate Division of the Supreme Court of New York, 1994)
In re Lesley B.
183 A.D.2d 509 (Appellate Division of the Supreme Court of New York, 1992)
Segal v. Town of Thompson
182 A.D.2d 1043 (Appellate Division of the Supreme Court of New York, 1992)
Winner v. Cuomo
176 A.D.2d 60 (Appellate Division of the Supreme Court of New York, 1992)
In re Douglas Z.
175 A.D.2d 450 (Appellate Division of the Supreme Court of New York, 1991)
In re Lesley B.
150 Misc. 2d 251 (New York Supreme Court, 1991)
People v. Keta
165 A.D.2d 172 (Appellate Division of the Supreme Court of New York, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 421, 77 N.Y.2d 300, 567 N.Y.S.2d 618, 1990 N.Y. LEXIS 4466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savastano-v-nurnberg-ny-1990.