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STATE (HARKAVY) v. CONSILVIO

10 Misc.3d 851 (2005)

809 N.Y.S.2d 836

STATE OF NEW YORK ex rel. STEPHEN J. HARKAVY, on Behalf of JOHN DOE Nos. 1 through 12, Petitioner, v. EILEEN CONSILVIO, as Executive Director of Manhattan Psychiatric Center and Another, Respondent.

Supreme Court, New York County.

November 15, 2005.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service (Sadie Zea Ishee of counsel), for petitioner.

Eliot Spitzer, Attorney General (Edward Curtis of counsel), for respondent.

Robert M. Morgenthau, District Attorney (Patricia Bailey of counsel).

OPINION OF THE COURT

JACQUELINE W. SILBERMANN, J.

Stephen J. Harkavy, the Deputy Director of the Mental Hygiene Legal Service (MHLS), petitions this court for a writ of habeas corpus, pursuant to CPLR article 70, seeking the immediate release of 12 ex-prisoners, who were transferred from prison to a psychiatric hospital at the conclusion of their terms of imprisonment, ostensibly as a means of avoiding their release. The civil confinement was accomplished...

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