| Matter of Christopher C. v Wood |
| 2012 NY Slip Op 09054 [101 AD3d 1112] |
| December 26, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Christopher C., Petitioner, v Charles D. Wood et al., Respondents. |
[Recalled and vacated, see 122 AD3d 843.]
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Rachel C. Anello of counsel), for
respondent Michael F. Hogan.
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, 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. v Sproat (102 AD3d 176 [2d 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. v Sproat (102 AD3d 176 [2012]).