New York Court of Appeals
In the Matter of State of New York, Respondent v. Dennis K., Appellant; In the Matter of State of New York…
July 5, 201627 N.Y.3d 718
Summary
The Court affirmed the Appellate Division orders finding that the State met its clear‑and‑convincing‑evidence burden on both prongs of the Mental Hygiene Law article 10 mental abnormality test for Dennis K., Anthony N., and Richard TT., and rejected the respondents' challenges to the sufficiency of the diagnoses and procedural objections. Judge Rivera concurred in the Dennis K. decision but dissented in the Anthony N. and Richard TT. decisions, arguing that a borderline personality disorder diagnosis does not satisfy the statutory requirements for civil confinement.