Matter of Christopher B

[*1] Matter of Christopher B 2007 NY Slip Op 51477(U) [16 Misc 3d 1119(A)] Decided on July 31, 2007 Supreme Court, Nassau County Murphy, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 31, 2007
Supreme Court, Nassau County

In the Matter of the Retention of Christopher B a patient admitted to Nassau University Medical Center Hospital.



27290-IC

Karen Veronica Murphy, J.

The above-named patient now hospitalized pursuant to Section 9.37 of the Mental Hygiene Law;

And a request for the release of the patient having been made and the patient still being hospitalized at the above-named hospital;

And a request for a hearing having been made;

And a hearing having been held on the 31st day of July, 2007 and

The patient was present and is represented by the Mental Hygiene Legal Service, Sidney Hirschfeld, Director, by Joel Gorinsky, Esq., and that the above-named hospital having appeared by Allan Silver, Esq. [*2]

Testimony was taken of Dr. Constantine Ioannou and of the Patient. The hospital record was admitted into evidence, subject to the rules of evidence regarding hearsay. Dr. Ioannou testified that the Patient suffers from schizoaffective disorder of moderate to severe intensity, which inhibits his ability to survive in the community without supervision. The Patient has been hospitalized due to his mental illness at Mercy Medical Center in February, 2006, Nassau University Medical Center in July, 2006, Brunswick Hospital in October, 2006,2

Nassau University Medical Center in December, 2006, Long Beach Medical Center in April, 2007, Nassau University Medical Center in May, 2007 and his current hospitalization, commencing on June 14, 2007 wherein he was admitted to the 01 Ward of Nassau University Medical Center. Patient history reflects that the prior hospitalizations were for issues and decompensation due to noncompliance with medication. The patient claims to have been compliant, but that he was hospitalized because he was homeless and/or victimized by others in his housing "who used more drugs than me." He testified that he was brought to the hospital by ambulance on June 14, 2007 because another man attacked him with a machete and/or a gun on the main street of their community, simply because he asked his alleged attacker if he knew a particular individual. The Patient acknowledged marijuana use prior to this hospitalization, having last used it "two months ago."

Despite being in the 01 Ward, which is more closely supervised and restricted, the Patient was verbally abusive and engaged in an altercation with a peer, punching him to the ground. As a result of this conduct, the Patient was placed in Four Point restraints on June 21st, and was placed on two to one observation. While he has since been transferred to the main ward (14) and has stabilized, he still believes people are trying to harm him. Dr. Ioannou testified that due to the fact that 80 - 90% of people with this disorder are likely to relapse if they do not take their medication, coupled with the Patient's lack of family support or a place to live, there is a substantial risk that he will be noncompliant, unable to provide for his basic needs in the community and he will likely return to the hospital, consistent with the pattern established over the past two years. The records reflected a history of cannibus abuse, which the Patient characterized as "use", and he acknowledged that he viewed "pot" as a medicine. It was clear that if released he would likely continue his marijuana use. He lacked insight into the impact using marijuana had on his life and health. Dr. Ioannou testified that even in the structured hospital setting the Patient does not participate in group therapy and is focused inappropriately on getting out of the hospital. The patient has provided contact information for housing, which consistently turns out not to be viable, in that there is no agreement to accept the Patient as a resident. The Patient has refused placement in a day treatment plan, insistent that he is going to enroll in college and such program would not permit him to apply to and attend college. Additionally, the doctor [*3]testified that the patient suffers from judgment issues and a lack of social interaction skills, which place him at risk in the community.

The Patient's repeated hospitalizations, marijuana abuse, moderate to severe mental illness, violent, aggressive behavior, refusal to comply with treatment, i.e., group therapy, even while in the structured environment of the hospital sufficiently establish by clear and

3

convincing evidence that he is mentally ill, in need of further care and treatment, and poses a substantial threat of physical harm to himself and/or others. (Matter of Ricardo H, 17 A.D.3d 464, 793 NYS2d 140 (2d Dept., 2005); Matter of Luis A, 13 AD3d 441, 786 NYS2d 560 [2d Dept., 2004]), therefore, it is

ORDERED, that the request for the patient's release is denied and the patient may be retained for care and treatment at the above-named hospital for a period not to exceed thirty (30) days from the date of this Order.

The foregoing constitutes the Order of this Court.

Dated: July 31, 2007

Mineola, NY

J. S. C.