In re Edward L.
This case concerns an appeal from an order of retention issued by the Supreme Court, Suffolk County, which continued the appellant's involuntary commitment at Pilgrim Psychiatric Center. The appellate court reviewed the evidence supporting the retention, specifically focusing on whether the hospital had established by clear and convincing evidence that the appellant was mentally ill and posed a substantial threat of physical harm to himself or others, as required by Mental Hygiene Law § 9.27. The court found the evidence, primarily based on the testimony of Dr. Alain Kruh and hospital records, to be insufficient to justify continued retention. Dr. Kruh's opinions, which relied on past incidents and the appellant's lack of insight, were deemed to lack adequate substantiation of current dangerousness. Consequently, the order for continued retention was reversed, and Pilgrim Psychiatric Center was directed to release the appellant, affirming the appellant's constitutional right to liberty when the threshold for involuntary commitment is not met.