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This contested special proceeding, commenced under Mental Hygiene Law § 9.60, sought the continuation of an assisted outpatient treatment (AOT) order for respondent Joan W. The court addressed three primary issues: the admissibility of hearsay statements from non-parties in hospital records, a motion to quash a subpoena for the respondent’s expert witness's notes, and the continuation of the AOT plan. The court ruled that hearsay statements relevant to diagnosis and treatment are admissible under the business records exception, extending the People v Ortega holding to Mental Hygiene Law hearings. Additionally, the motion to quash the subpoena for the expert’s notes was denied, as the respondent waived privilege by placing her condition in controversy. Ultimately, with the respondent's consent, the court granted the continuation of the AOT order for one year, retroactive to September 23, 2011.
In re Dolan is a workers' compensation case decided in New York Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Supreme Court.
Full Decision Text1 Pages
This contested special proceeding, commenced under Mental Hygiene Law § 9.60, sought the continuation of an assisted outpatient treatment (AOT) order for respondent Joan W. The court addressed three primary issues: the admissibility of hearsay statements from non-parties in hospital records, a motion to quash a subpoena for the respondent’s expert witness's notes, and the continuation of the AOT plan. The court ruled that hearsay statements relevant to diagnosis and treatment are admissible under the business records exception, extending the People v Ortega holding to Mental Hygiene Law hearings. Additionally, the motion to quash the subpoena for the expert’s notes was denied, as the respondent waived privilege by placing her condition in controversy. Ultimately, with the respondent's consent, the court granted the continuation of the AOT order for one year, retroactive to September 23, 2011.
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