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Rabinowitz v. James M.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 9, 2009

IN RE STEVEN RABINOWITZ, ETC., PETITIONER,
v.
JAMES M., ETC., DEFENDANT-RESPONDENT, THOMAS J. SPOTA, SUFFOLK COUNTY DISTRICT ATTORNEY, APPELLANT.

Order, Supreme Court, New York County (Kibbie F. Payne, J.), entered on or about November 26, 2008, which directed that defendant be transferred from a secure psychiatric facility to a non-secure psychiatric facility, unanimously affirmed, without costs.

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.

Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Abdus-Salaam, JJ.

530269/94

A fair interpretation of the evidence supports the application court's findings that while defendant continues to suffer from a mental illness, he no longer shows a level of dangerousness warranting retention in a secure facility, and that he otherwise meets the criteria for retention in a non-secure facility (see Matter of David B., 97 NY2d 267, 276-279 [2002]; Matter of George L., 85 NY2d 295, 305 [1995]; cf. Matter of Richard S., 6 AD3d 1039 [2004], appeal dismissed 3 NY3d 700 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090609

© 1992-2009 VersusLaw Inc.



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