Matter of Allen B. v Sproat

Matter of Matter of Allen B. v Sproat 2012 NY Slip Op 08117 Decided on November 28, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 28, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
2011-03471

[*1]In the Matter of Allen B. (Anonymous), petitioner,

v

Christine A. Sproat, etc., et al., respondents.




Mental Hygiene Legal Service, Mineola, N.Y. (Lesley De Lia and
Dennis B. Feld of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Susan Anspach of counsel), for respondents
Christine A. Sproat and Michael F.
Hogan.


DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition to prohibit enforcement of a provision of an amended order of conditions of the Supreme Court, Dutchess County (Sproat, J.), dated December 16, 2010, which directed that should the petitioner fail to comply with any of the other conditions imposed in that amended order of conditions "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."

ADJUDGED that the petition is granted, on the law, without costs or disbursements, and the respondents are prohibited from enforcing or taking action to enforce the provision of the amended order of conditions dated December 16, 2010, 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."

For the reasons stated in Matter of Robert T. (Anonymous) v Sproat (AD3d [decided herewith]), the CPLR article 78 petition seeking to prohibit the respondents from enforcing or taking action to enforce 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" is granted.
FLORIO, AUSTIN and SGROI, JJ., concur.
RIVERA, J.P., dissents and votes to deny the petition and dismiss the proceeding for the reasons stated in his dissenting memorandum in Matter of Robert T. (Anonymous) v Sproat (AD3d [decided herewith]). [*2]

ENTER:

Aprilanne Agostino

Clerk of the Court