New York Court of Appeals

In the Matter of State of New York v. Shannon S.

October 30, 201220 N.Y.3d 99

Summary

The Court affirmed the Appellate Division’s finding that clear and convincing evidence established that respondent suffers from a mental abnormality under article 10 of the Mental Hygiene Law, holding that a diagnosis need not be listed in the DSM to satisfy the statutory requirement. The dissent argued that the diagnoses relied upon are scientifically unreliable and that civil commitment should be limited to those with medically recognized disorders.