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MATTER OF MARY JANE P.

9 Misc.3d 1054 (2005)

801 N.Y.S.2d 512

In the Matter of MARY JANE P., a Patient at United Health Services Hospitals, Inc.

Supreme Court, Broome County.

September 6, 2005.

Attorney(s) appearing for the Case

Donald P. Carlin, Binghamton, for petitioner.

Mental Hygiene Legal Service, Binghamton (April Smith of counsel), for respondent.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

Petitioner seeks the retention of respondent at United Health Services Hospitals (UHS) pursuant to Mental Hygiene Law § 9.39. A previous hearing was held on this matter and this is a rehearing pursuant to Mental Hygiene Law § 9.35.

The issue presented is whether a patient may be retained upon the authorization of a psychiatric nurse practitioner practicing...

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