Cite as: Matter of Norman D. v. Wood, 2011-11138, NYLJ 1202583127055, at *1 (App. Div., 2nd, Decided December 26, 2012)

Before: Rivera, J.P., Florio, Austin, Sgroi, JJ.

Decided: December 26, 2012

ATTORNEYS

For Petitioner: Lesley De Lia and Dennis B. Feld of Counsel, Mental Hygiene Legal Service, Mineola, N.Y.

For Respondent: Michael F. Hogan., Rachel C. Anello of Counsel, Eric T. Schneiderman, Attorney General, New York, N.Y.

DECISION & JUDGMENT

 

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Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition, in effect, to prohibit enforcement of a provision of an amended order of conditions dated August 2,

 

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2011, issued by the respondent Charles D. Wood, a Justice of the Supreme Court, Dutchess County, 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 the provision of the amended order of conditions dated August 2, 2011, 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, 2012 NY Slip Op 08137 [2nd 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. (Anonymous) v. Sproat (_____ AD3d _____, 2012 NY Slip Op 08137 [2nd Dept 2012])..