LBD08905-06-1
S. 4777--B 2
(a) As guardian, receiver, trustee, committee or conservator of the
estate of any minor, [mentally ill] person WITH A MENTAL DISABILITY,
[mentally retarded person, person of unsound mind, alcohol abuser] or
conservatee or in any other fiduciary capacity;
§ 3. Subdivision 3 of section 100-a of the banking law, as amended by
chapter 115 of the laws of 1981, is amended to read as follows:
3. Committee of incompetent or conservator of a conservatee. Any court
having jurisdiction to appoint a trustee, guardian, receiver, committee
of the estate of a [mentally ill] person WITH A MENTAL DISABILITY,
[mentally retarded person or alcohol abuser] or conservator of the
estate of a conservatee, or to make any fiduciary appointment, may
appoint any trust company to be such trustee, guardian, receiver,
committee or conservator, or to act in any other fiduciary capacity.
§ 4. Section 402 of the correction law, as added by chapter 766 of the
laws of 1976, subdivision 3 as amended by chapter 789 of the laws of
1985, subdivisions 9 and 12 as amended by chapter 164 of the laws of
1986, subdivisions 10 and 11 as renumbered by chapter 551 of the laws of
1978, and subdivision 13 as added by chapter 7 of the laws of 2007, is
amended to read as follows:
§ 402. Commitment of [mentally ill] inmates WITH A MENTAL ILLNESS. 1.
Whenever the physician of any correctional facility, any county peniten-
tiary, county jail or workhouse, any reformatory for women, or of any
other correctional institution, shall report in writing to the super-
intendent that any person undergoing a sentence of imprisonment or adju-
dicated to be a youthful offender or juvenile delinquent confined there-
in [is] HAS, in his opinion, [mentally ill] A MENTAL ILLNESS, such
superintendent shall apply to a judge of the county court or justice of
the supreme court in the county to cause an examination to be made of
such person by two examining physicians. Such physicians shall be desig-
nated by the judge to whom the application is made. Each such physician,
if satisfied, after a personal examination, that such inmate [is mental-
ly ill] HAS A MENTAL ILLNESS and in need of care and treatment, shall
make a certificate to such effect. Before making such certificate,
however, he shall consider alternative forms of care and treatment
available during confinement in such correctional facility, penitenti-
ary, jail, reformatory or correctional institution that might be
adequate to provide for such inmate's needs without requiring hospitali-
zation. If the examining physician knows that the person he is examining
has been under prior treatment, he shall, insofar as possible, consult
with the physician or psychologist furnishing such prior treatment prior
to making his certificate.
2. In the city of New York, if the physician of a workhouse, city
prison, jail, penitentiary or reformatory reports in writing to the
superintendent of such institution that a prisoner confined therein,
serving a sentence of imprisonment, [is] in his opinion [mentally ill]
HAS A MENTAL ILLNESS, the superintendent of said institution shall
either transfer said prisoner to Bellevue or Kings county hospital for
observation as to his mental condition by two examining physicians or
shall secure two examining physicians to make such examination in his
institution. Each such physician, if satisfied after a personal examina-
tion and observation that the prisoner [is mentally ill] HAS A MENTAL
ILLNESS and in need of care and treatment, shall make a certificate to
such effect. Before making such certificate, however, he shall consider
alternative forms of care and treatment available during confinement in
such correctional facility, penitentiary, jail, reformatory or correc-
tional institution that might be adequate to provide for such inmate's
S. 4777--B 3
needs without requiring hospitalization. If the examining physician
knows that the person he is examining has been under prior treatment, he
shall, insofar as possible, consult with the physician or psychologist
furnishing such prior treatment prior to making his certificate.
3. Upon such certificates of the examining physicians being so made,
it shall be delivered to the superintendent who shall thereupon apply by
petition forthwith to a judge of the county court or justice of the
supreme court in the county, annexing such certificate to his petition,
for an order committing such inmate to a hospital for [the mentally ill]
PERSONS WITH A MENTAL ILLNESS. Upon every such application for such an
order of commitment, notice thereof in writing, of at least five days,
together with a copy of the petition, shall be served personally upon
the alleged [mentally ill] person WITH A MENTAL ILLNESS, and in addition
thereto such notice and a copy of the petition shall be served upon
either the wife, the husband, the father or mother or other nearest
relative of such alleged [mentally ill] person WITH A MENTAL ILLNESS, if
there be any such known relative within the state; and if not, such
notice shall be served upon any known friend of such alleged [mentally
ill] person WITH A MENTAL ILLNESS within the state. If there be no such
known relative or friend within the state, the giving of such notice
shall be dispensed with, but in such case the petition for the commit-
ment shall recite the reasons why service of such notice on a relative
or friend of the alleged [mentally ill] person WITH A MENTAL ILLNESS was
dispensed with and, in such case, the order for commitment shall recite
why service of such a notice on a relative or friend of the alleged
[mentally ill] person WITH A MENTAL ILLNESS was dispensed with. Copies
of the notice, the petition and the certificates of the examining physi-
cians shall also be given the mental hygiene legal service. The mental
hygiene legal service shall inform the inmate and, in proper cases,
others interested in the inmate's welfare, of the procedures for place-
ment in a hospital and of the inmate's right to have a hearing, to have
judicial review with a right to a jury trial, to be represented by coun-
sel and to seek an independent medical opinion. The mental hygiene legal
service shall have personal access to such inmate for such purposes.
4. The judge to whom such application for the commitment of the
alleged [mentally ill] person WITH A MENTAL ILLNESS is made may, if no
demand is made for a hearing on behalf of the alleged [mentally ill]
person WITH A MENTAL ILLNESS, proceed forthwith on the return day of
such notice to determine the question of mental illness and, if satis-
fied that the alleged [mentally ill] person [is mentally ill] WITH A
MENTAL ILLNESS HAS A MENTAL ILLNESS and in need of care and treatment,
may immediately issue an order for the commitment of such alleged
[mentally ill] person WITH A MENTAL ILLNESS to a hospital for a period
not to exceed six months from the date of the order.
5. Upon the demand for a hearing by any relative or near friend on
behalf of such alleged [mentally ill] person WITH A MENTAL ILLNESS, the
judge shall, or he may upon his own motion where there is no demand for
a hearing, issue an order directing the hearing of such application
before him at a time not more than five days from the date of such
order, which shall be served upon the parties interested in the applica-
tion and upon such other persons as the judge, in his discretion, may
name. Upon such day or upon such other day to which the proceedings
shall be regularly adjourned, he shall hear the testimony introduced by
the parties and shall examine the alleged [mentally ill] person WITH A
MENTAL ILLNESS, if deemed advisable in or out of court, and render a
decision in writing as to such person's mental illness and need for care
S. 4777--B 4
and treatment. If such judge cannot hear the application, he may, in his
order directing the hearing, name some referee who shall hear the testi-
mony and report the same forthwith, with his opinion thereon, to such
judge, who shall, if satisfied with such report, render his decision
accordingly. If it be determined that such person [is mentally ill] HAS
A MENTAL ILLNESS and in need of care and treatment, the judge shall
forthwith issue his order committing him to a hospital for a period not
to exceed six months from the date of the order. Such superintendent
shall thereupon cause such [mentally ill] person WITH A MENTAL ILLNESS
to be delivered to the director of the appropriate hospital as desig-
nated by the commissioner of mental hygiene and such [mentally ill]
person WITH A MENTAL ILLNESS shall be received into such hospital and
retained there until he is determined to be no longer in need of care
and treatment by the director of such hospital or legally discharged or
for the period specified in the order of commitment or in any subsequent
order authorizing continued retention of such person in said hospital.
Such superintendent, before delivering said [mentally ill] person WITH A
MENTAL ILLNESS, shall see that he is bodily clean. If such judge shall
refuse to issue an order of commitment, he shall certify in writing his
reasons for such refusal.
6. When an order of commitment is made, such order and all papers in
the proceeding shall be presented to the director of the appropriate
hospital at the time when the [mentally ill] person WITH A MENTAL
ILLNESS is delivered to such institution and a copy of the order and of
each such paper shall be filed with the department of mental hygiene and
also in the office of the county clerk of the county wherein the court
is located which made the order of commitment. The judge shall order all
such papers so filed in the county clerk's office to be sealed and
exhibited only to parties to the proceedings, or someone properly inter-
ested, upon order of the court.
7. The costs necessarily incurred in determining the question of
mental illness, including the fees of the medical examiners, shall be a
charge upon the state or the municipality, as the case may be, at whose
expense the institution is maintained, which has custody of the alleged
[mentally ill] person WITH A MENTAL ILLNESS at the time of the applica-
tion for his commitment to the hospital under the provisions of this
section.
8. During the pendency of such proceeding the judge may forthwith
commit such alleged [mentally ill] person WITH A MENTAL ILLNESS to a
hospital for [the mentally ill] PERSONS WITH A MENTAL ILLNESS upon peti-
tion and the affidavit of two examining physicians that the superinten-
dent is not able to properly care for such person at the institution
where he is confined and that such person is in immediate need of care
and treatment. Any person so committed shall be delivered to the direc-
tor of the appropriate hospital as designated in the rules and regu-
lations of the department of mental hygiene.
9. Except as provided in subdivision two pertaining to prisoners
confined in the city of New York, an inmate of a correctional facility
or a county jail may be admitted on an emergency basis to the Central
New York Psychiatric Center upon the certification by two examining
physicians, including physicians employed by the office of mental health
and associated with the correctional facility in which such inmate is
confined, that the inmate suffers from a mental illness which is likely
to result in serious harm to himself or others as defined in subdivision
(a) of section 9.39 of the mental hygiene law. Any person so committed
shall be delivered by the superintendent within a twenty-four hour peri-
S. 4777--B 5
od, to the director of the appropriate hospital as designated in the
rules and regulations of the office of mental health. Upon delivery of
such person to a hospital operated by the office of mental health, a
proceeding under this section shall immediately be commenced.
10. If the director of a hospital for [the mentally ill] PERSONS WITH
A MENTAL ILLNESS shall deem that the condition of such [mentally ill]
person WITH A MENTAL ILLNESS requires his further retention in a hospi-
tal he shall, during the period of retention authorized by the last
order of the court, apply to the supreme court or county court in the
county where such hospital is located, for an order authorizing contin-
ued retention of such [mentally ill] person WITH A MENTAL ILLNESS. The
procedures for obtaining any order pursuant to this subdivision shall be
in accordance with the provisions of the mental hygiene law for the
retention of involuntary patients.
11. If a [mentally ill] person WITH A MENTAL ILLNESS whose commitment,
retention or continued retention has been authorized pursuant to this
section, or any relative or friend in his behalf, be dissatisfied with
any such order, he may, within thirty days after the making of any such
order, obtain a rehearing and a review of the proceedings already had
and of such order, upon a petition to a justice of the supreme court
other than the judge or justice presiding over the court making such
order. Such justice shall cause a jury to be summoned and shall try the
question of the mental illness and the need for care and treatment of
the person so committed or so authorized to be retained. Any such
[mentally ill] person WITH A MENTAL ILLNESS or the person applying on
his behalf for such review may waive the trial of the fact by a jury and
consent in writing to trial of such fact by the court. No such petition
for the hearing and review shall be made by anyone other than the person
so committed or authorized to be retained or the father, mother,
husband, wife or child of such person, unless the petitioner shall have
first obtained the leave of the court upon good cause shown. If the
verdict of the jury, or the decision of the court when jury trial has
been waived, be that such person [is] DOES not [mentally ill] HAVE A
MENTAL ILLNESS, the justice shall order the removal of such person from
the hospital and such person shall forthwith be transferred to a state
correctional facility, or returned to the superintendent of the institu-
tion from which he was received if such institution was not a state
correctional facility. Where the verdict of the jury, or the decision of
the court where a jury trial has been waived, be that such person [is
mentally ill] HAS A MENTAL ILLNESS, the justice shall certify that fact
and make an order authorizing continued retention under the original
order. Proceedings under the order shall not be stayed pending an
appeal therefrom, except upon an order of a justice of the supreme
court, and made upon notice and after hearing, with provision made ther-
ein for such temporary care and confinement of the alleged [mentally
ill] person WITH A MENTAL ILLNESS as may be deemed necessary.
12. The notice provided for herein shall be served by the sheriff of
the counties of the state of New York, in which case the charges of such
sheriff shall be a disbursement in such proceeding, or by registered
mail on all persons required to be served, except that the superinten-
dent of a correctional facility or the director of a hospital for [the
mentally ill] PERSONS WITH A MENTAL ILLNESS, or their designees, shall
be authorized to personally serve notice upon an alleged [mentally ill]
person WITH A MENTAL ILLNESS or a [mentally ill] person WITH A MENTAL
ILLNESS, as provided in this section.
S. 4777--B 6
13. Notwithstanding any provision of law to the contrary, when an
inmate is being examined in anticipation of his or her conditional
release, release to parole supervision, or when his or her sentence to a
term of imprisonment expires, the provisions of subdivision one of
section four hundred four of this article shall be applicable and such
commitment shall be effectuated in accordance with the provisions of
article nine or ten of the mental hygiene law, as appropriate.
§ 5. Subparagraph (i) of paragraph b of subdivision 2 of section 508
of the correction law, as added by chapter 656 of the laws of 1974 and
as renumbered by chapter 33 of the laws of 2009, is amended to read as
follows:
(i) "Director" means (a) the director of a state hospital operated by
the department of mental hygiene, or (b) the director of a hospital
operated by any local government of the state that has been certified by
the commissioner of mental hygiene as having adequate facilities to
treat a [mentally ill] person WITH A MENTAL ILLNESS or (c) the director
of community mental health services or the designees of any of the fore-
going. The appropriate director to whom a jailer or warden shall certify
the need for involuntary care and treatment and who shall have the
responsibility for such care and treatment shall be determined in
accordance with rules jointly adopted by the judicial conference and the
commissioner of mental hygiene.
§ 6. Section 4519 of the civil practice law and rules, as amended by
chapter 550 of the laws of 1978, is amended to read as follows:
§ 4519. Personal transaction or communication between witness and
decedent or [mentally ill] person WITH A MENTAL ILLNESS. Upon the trial
of an action or the hearing upon the merits of a special proceeding, a
party or a person interested in the event, or a person from, through or
under whom such a party or interested person derives his interest or
title by assignment or otherwise, shall not be examined as a witness in
his own behalf or interest, or in behalf of the party succeeding to his
title or interest against the executor, administrator or survivor of a
deceased person or the committee of a [mentally ill] person WITH A
MENTAL ILLNESS, or a person deriving his title or interest from, through
or under a deceased person or [mentally ill] person WITH A MENTAL
ILLNESS, by assignment or otherwise, concerning a personal transaction
or communication between the witness and the deceased person or [mental-
ly ill] person WITH A MENTAL ILLNESS, except where the executor, admin-
istrator, survivor, committee or person so deriving title or interest is
examined in his own behalf, or the testimony of the [mentally ill]
person WITH A MENTAL ILLNESS or deceased person is given in evidence,
concerning the same transaction or communication. A person shall not be
deemed interested for the purposes of this section by reason of being a
stockholder or officer of any banking corporation which is a party to
the action or proceeding, or interested in the event thereof. No party
or person interested in the event, who is otherwise competent to testi-
fy, shall be disqualified from testifying by the possible imposition of
costs against him or the award of costs to him. A party or person inter-
ested in the event or a person from, through or under whom such a party
or interested person derives his interest or title by assignment or
otherwise, shall not be qualified for the purposes of this section, to
testify in his own behalf or interest, or in behalf of the party
succeeding to his title or interest, to personal transactions or commu-
nications with the donee of a power of appointment in an action or
proceeding for the probate of a will, which exercises or attempts to
exercise a power of appointment granted by the will of a donor of such
S. 4777--B 7
power, or in an action or proceeding involving the construction of the
will of the donee after its admission to probate.
Nothing contained in this section, however, shall render a person
incompetent to testify as to the facts of an accident or the results
therefrom where the proceeding, hearing, defense or cause of action
involves a claim of negligence or contributory negligence in an action
wherein one or more parties is the representative of a deceased or
incompetent person based upon, or by reason of, the operation or owner-
ship of a motor vehicle being operated upon the highways of the state,
or the operation or ownership of aircraft being operated in the air
space over the state, or the operation or ownership of a vessel on any
of the lakes, rivers, streams, canals or other waters of this state, but
this provision shall not be construed as permitting testimony as to
conversations with the deceased.
§ 7. Section 251 of the debtor and creditor law, as amended by chapter
115 of the laws of 1981, is amended to read as follows:
§ 251. Authority for committee or conservator to compromise claims. A
court exercising jurisdiction over the property of a [mentally ill]
person WITH A MENTAL ILLNESS, [mentally retarded person, alcohol abuser]
or conservatee may, upon the application of the committee of the proper-
ty of such incompetent person or the conservator of the conservatee, and
for good and sufficient cause shown, and upon such terms as it may
direct, authorize the committee or conservator to sell, compromise or
compound any claim or debt belonging to the estate of the incompetent
person or conservatee. But such authority shall not prevent any party
interested in the trust estate, from showing upon the final accounting
of such committee or conservator that such debt or claim was fraudu-
lently or negligently sold, compounded or compromised. The sale of any
debt or claim heretofore made in good faith by any such committee or
conservator, shall be valid, subject, however, to the approval of the
court, and the committee or conservator shall be charged with and liable
for, as a part of the trust fund, any sum which might or ought to have
been collected by him.
§ 8. Subdivision (c) of section 140 of the domestic relations law, as
amended by chapter 550 of the laws of 1978, is amended to read as
follows:
(c) Party a [mentally retarded] person WITH A DEVELOPMENTAL ILLNESS
or [mentally ill] person WITH A MENTAL ILLNESS. An action to annul a
marriage on the ground that one of the parties thereto was a [mentally
retarded] person WITH A DEVELOPMENTAL DISABILITY may be maintained at
any time during the life-time of either party by any relative of a
[mentally retarded] person WITH A DEVELOPMENTAL DISABILITY, who has an
interest to avoid the marriage. An action to annul a marriage on the
ground that one of the parties thereto was a [mentally ill] person WITH
A MENTAL ILLNESS may be maintained at any time during the continuance of
the mental illness, or, after the death of the [mentally ill] person
WITH A MENTAL ILLNESS in that condition, and during the life of the
other party to the marriage, by any relative of the [mentally ill]
person WITH A MENTAL ILLNESS who has an interest to avoid the marriage.
Such an action may also be maintained by the [mentally ill] person WITH
A MENTAL ILLNESS at any time after restoration to a sound mind; but in
that case, the marriage should not be annulled if it appears that the
parties freely cohabited as husband and wife after the [mentally ill]
person WITH A MENTAL ILLNESS was restored to a sound mind. Where one of
the parties to a marriage was a [mentally ill] person WITH A MENTAL
ILLNESS at the time of the marriage, an action may also be maintained by
S. 4777--B 8
the other party at any time during the continuance of the mental
illness, provided the plaintiff did not know of the mental illness at
the time of the marriage. Where no relative of the [mentally retarded]
person WITH A DEVELOPMENTAL DISABILITY or [mentally ill] person WITH A
MENTAL ILLNESS brings an action to annul the marriage and the [mentally
ill] person WITH A MENTAL ILLNESS is not restored to sound mind, the
court may allow an action for that purpose to be maintained at any time
during the life-time of both the parties to the marriage, by any person
as the next friend of the [mentally retarded person or mentally ill]
person WITH A MENTAL ILLNESS OR PERSON WITH A DEVELOPMENTAL DISABILITY.
§ 9. Section 141 of the domestic relations law, as amended by chapter
550 of the laws of 1978, subdivision 1 as amended and subdivisions 2, 3
and 4 as renumbered by chapter 281 of the laws of 1980, is amended to
read as follows:
§ 141. Action to annul marriage on ground of incurable mental illness
for five years; procedure; support. 1. If the marriage be annulled on
the ground of the mental illness of a spouse, the court may include in
the judgment an order providing for his or her suitable support, care
and maintenance during life from the property or income of the other
spouse. The court shall specify the amount of such support, care and
maintenance and, before rendering judgment, may exact security for such
support, care and maintenance during life and shall order the filing and
recording of the instrument creating such security in the office of the
clerk of the county in which the action is brought and the filing of two
certified copies thereof with the office of mental health at its Albany
office. The provisions of the judgment relating to support, care and
maintenance of the [mentally ill] spouse WITH A MENTAL ILLNESS during
his or her life and to security therefor may be modified or amended at
any time by the court upon due notice to the other party and other
interested parties as the court may direct and in proper case the value
of the suitable support, care and maintenance to such spouse during the
balance of his or her life based upon appropriate mortality tables may
be adjudged and determined by the court in which the estate of a
deceased spouse is being administered and the same may be recovered on
behalf of the [mentally ill] spouse WITH A MENTAL ILLNESS from the
estate of the deceased spouse. If the [mentally ill] spouse WITH A
MENTAL ILLNESS is maintained in an institution or otherwise under the
jurisdiction of the office of mental health, the suitable support, care
and maintenance as required in the judgment, unless otherwise directed
by the court, shall be the charge established by the commissioner of
mental health and such charge may be recovered in the manner provided by
law. Such amount shall continue to be so required for the support of the
[mentally ill] spouse WITH A MENTAL ILLNESS in the event of his or her
removal from the custody of the office of mental health unless thereaft-
er otherwise directed by the court. Any security exacted for the suit-
able support, care and maintenance during life of the [mentally ill]
spouse WITH A MENTAL ILLNESS shall be available to that spouse or any
person on his or her behalf or to any person or agency providing
support, care and maintenance for such spouse in the event that the
required payments for such support, care and maintenance have not been
made and upon application to the court the other spouse shall be ordered
and directed to provide additional or further security.
2. Judgment annulling a marriage on such ground shall not be rendered
until, in addition to any other proofs in the case, a thorough examina-
tion of the alleged [mentally ill] party WITH A MENTAL ILLNESS shall
have been made by three physicians who are recognized authorities on
S. 4777--B 9
mental disease, to be appointed by the court, all of whom shall have
agreed that such party [is incurably mentally ill] HAS AN INCURABLE
MENTAL ILLNESS and shall have so reported to the court. In such action,
the testimony of a physician attached to a state hospital in the depart-
ment of mental hygiene as to information which he acquired in attending
a patient in a professional capacity at such hospital, shall be taken
before a referee appointed by a judge of the court in which such action
is pending if the court in its discretion shall determine that the
distance such physician must travel to attend the trial would be a great
inconvenience to him or the hospital, or that other sufficient reason
exists for the appointment of a referee for such purpose; provided,
however, that any judge of such court at any time in his discretion,
notwithstanding such deposition, may order that a subpoena issue for the
attendance and examination of such physician upon the trial of the
action. In such case a copy of the order shall be served together with
the subpoena.
3. Except as provided in paragraph five OF THIS SECTION, when the
person alleged to [be incurably mentally ill] HAVE AN INCURABLE MENTAL
ILLNESS is confined in a state hospital for [the mentally ill] PERSONS
WITH A MENTAL ILLNESS of this state, one, and one only, of the physi-
cians so appointed shall be a member of the resident medical staff of
such hospital designated by the director thereof. If the alleged incur-
ably [mentally ill] person WITH A MENTAL ILLNESS is not confined in a
state hospital for [the mentally ill] PERSONS WITH A MENTAL ILLNESS of
this state, one of the examining physicians named in pursuance of this
section shall be the director of a state hospital for [the mentally ill]
PERSONS WITH A MENTAL ILLNESS if the alleged [mentally ill] person WITH
A MENTAL ILLNESS is within this state, or the superintendent or compara-
ble officer of a state hospital for [the mentally ill] PERSONS WITH A
MENTAL ILLNESS of the state or country where the alleged [mentally ill]
person WITH A MENTAL ILLNESS is present if the alleged [mentally ill]
person WITH A MENTAL ILLNESS is outside of this state. The report of
such superintendent or comparable officer of a state hospital for [the
mentally ill] PERSONS WITH A MENTAL ILLNESS of such other state or coun-
try shall not be received in evidence or considered by the court unless
he shall be a well educated physician with at least five years of train-
ing and experience in the care and treatment of persons suffering from
mental disorders.
4. When the plaintiff has been permitted to bring such action or pros-
ecute the same as a poor person and the alleged incurably [mentally ill]
defendant WITH A MENTAL ILLNESS is present within this state, the court
shall appoint three physicians who are examining physicians, as defined
by section 1.05 of the mental hygiene law, in the employment of the
department of mental hygiene. If the alleged [mentally ill] person WITH
A MENTAL ILLNESS be outside of this state, the court may, upon proof
thereof, appoint three examining physicians who are qualified under the
laws or regulations of the foreign state or country where the alleged
[mentally ill] person WITH A MENTAL ILLNESS is present and who have
qualifications comparable to those specified in section 1.05 of the
mental hygiene law of the state, provided, however, that one of such
examining physicians shall be the superintendent or comparable officer
of a state hospital for [the mentally ill] PERSONS WITH A MENTAL ILLNESS
of such foreign state or country with qualifications as specified in
paragraph four. Such examiners shall make the examination of the alleged
[mentally ill] party WITH A MENTAL ILLNESS present in this state and
file with the court a verified report of their findings and conclusions
S. 4777--B 10
without costs to such plaintiff when the plaintiff is a poor person.
Examination of an alleged [mentally ill] party WITH A MENTAL ILLNESS
present outside of this state shall be made at the expense of the plain-
tiff. Such report shall be received in evidence upon the trial of the
action without the personal appearance or testimony of such examiners.
If the court shall deem it necessary that the testimony of any such
examiners be taken, the court may order the taking of such testimony by
deposition only. The examiners so appointed by the court may be members
of the resident medical staff of any state hospital, whether or not the
alleged [mentally ill] person WITH A MENTAL ILLNESS is being confined
there.
§ 10. Section 142 of the domestic relations law, as amended by chapter
550 of the laws of 1978, is amended to read as follows:
§ 142. Dismissal of complaint in action by next friend to annul a
marriage. Where the next friend of an infant, [mentally retarded] person
WITH A DEVELOPMENTAL DISABILITY or [mentally ill] person WITH A MENTAL
ILLNESS maintains an action annulling a marriage, the court may dismiss
the complaint if justice so requires, although, in a like case, the
party to the marriage, if plaintiff, would be entitled to judgment.
§ 11. The article heading of article 9 of the mental hygiene law, as
renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
HOSPITALIZATION OF [THE MENTALLY ILL] PERSONS
WITH A MENTAL ILLNESS
§ 12. Section 9.03 of the mental hygiene law, as amended by chapter
558 of the laws of 1999, is amended to read as follows:
§ 9.03 Admission to a hospital.
Unless otherwise specifically provided for by statute, a [mentally
ill] person WITH A MENTAL ILLNESS shall be admitted to a hospital as an
in-patient only pursuant to the provisions of this article, except that
chemically dependent patients may be admitted to chemical dependence
facilities operated by such hospitals under contract or agreement with
the office of alcoholism and substance abuse services in accordance with
the provisions of article twenty-two of this chapter. The section of the
mental hygiene law under which a patient is admitted or under which any
change of legal status is subsequently effected shall be stated in the
patient's record.
§ 13. Section 9.35 of the mental hygiene law, as renumbered by chapter
978 of the laws of 1977, is amended to read as follows:
§ 9.35 Review of court authorization to retain an involuntary patient.
If a person who has been denied release or whose retention, continued
retention, or transfer and continued retention has been authorized
pursuant to this article, or any relative or friend in his behalf, be
dissatisfied with any such order he may, within thirty days after the
making of any such order, obtain a rehearing and a review of the
proceedings already had and of such order upon a petition to a justice
of the supreme court other than the judge or justice presiding over the
court making such order. Such justice shall cause a jury to be summoned
and shall try the question of the mental illness and the need for
retention of the patient so authorized to be retained. Any such patient
or the person applying on his behalf for such review may waive the trial
of the fact by a jury and consent in writing to trial of such fact by
the court. No such petition for rehearing and review shall be made by
anyone other than the person so authorized to be retained or the father,
mother, husband, wife, or child of such person, unless the petitioner
shall have first obtained the leave of the court upon good cause shown.
S. 4777--B 11
If the verdict of the jury, or the decision of the court when jury trial
has been waived, be that such person [is] DOES not [mentally ill] HAVE A
MENTAL ILLNESS or is not in need of retention the justice shall forth-
with discharge him, but if the verdict of the jury, or the decision of
the court where a jury trial has been waived, be that such person [is
mentally ill] HAS A MENTAL ILLNESS and IS in need of retention the
justice shall certify that fact and make an order authorizing continued
retention under the original order. Such order shall be presented, at
the time of authorization of continued retention of such mentally ill
person, to, and filed with, the director of the hospital in which the
[mentally ill] person WITH A MENTAL ILLNESS is authorized to be
retained, and a copy thereof shall be forwarded to the department by
such director and filed in the office thereof. Proceedings under the
order shall not be stayed pending an appeal therefrom, except upon an
order of a justice of the supreme court, made upon a notice and after a
hearing, with provisions made therein for such temporary care or
confinement of the alleged [mentally ill] person WITH A MENTAL ILLNESS
as may be deemed necessary.
§ 14. The section heading of section 9.47 of the mental hygiene law,
as renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
Duties of local officers in regard to their [mentally ill] PERSONS
WITH A MENTAL ILLNESS.
§ 15. Subdivision (a) of section 9.47 of the mental hygiene law, as
designated by chapter 408 of the laws of 1999, is amended to read as
follows:
(a) All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all [mentally ill] persons WITH A MENTAL
ILLNESS within their respective communities who are in need of care and
treatment at a hospital are admitted to a hospital pursuant to the
provisions of this article. Social services officials and health offi-
cers shall notify the director of community services of any such person
coming to their attention. Pending the determination of the condition of
an alleged [mentally ill] person WITH A MENTAL ILLNESS, it shall be the
duty of the director of community services and, if there be no such
director, of the local health officer to provide for the proper care of
such person in a suitable facility.
§ 16. The opening paragraph of section 9.47 of the mental hygiene law,
as renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all [mentally ill] persons WITH A MENTAL
ILLNESS within their respective communities who are in need of care and
treatment at a hospital are admitted to a hospital pursuant to the
provisions of this article. Social services officials and health offi-
cers shall notify the director of community services of any such person
coming to their attention. Pending the determination of the condition of
an alleged [mentally ill] person WITH A MENTAL ILLNESS, it shall be the
duty of the director of community services and, if there be no such
director, of the local health officer to provide for the proper care of
such person in a suitable facility.
§ 17. Subparagraph (iii) of paragraph 1 of subdivision (b) of section
31.16 of the mental hygiene law, as added by chapter 196 of the laws of
1988, is amended to read as follows:
S. 4777--B 12
(iii) Suspend or limit or cause to be suspended or limited the payment
of any governmental funds to the facility provided that such action
shall not in any way jeopardize the health, safety and welfare of any
[mentally ill] person WITH A MENTAL ILLNESS in such program or facility.
§ 18. Subdivision 1 of section 1531 of the real property actions and
proceedings law, as amended by chapter 550 of the laws of 1978, is
amended to read as follows:
1. A final judgment in favor of either party, in an action brought as
prescribed in this article, is conclusive, as to the title established
in the action, against the other party, known or unknown, including an
infant[, a mentally retarded person, a mentally ill person, or an alco-
hol abuser] OR A PERSON WITH A MENTAL DISABILITY, and also against every
person claiming from, through or under that party, by title accruing
after the filing of the judgment roll, or of the notice of the pendency
of the action, as prescribed by law; also against each person not in
being or ascertained at the commencement of the action, who by any
contingency contained in a devise or grant or otherwise, could afterward
become entitled to a beneficial estate or interest in the property
involved, provided that every person in being who would have been enti-
tled to such estate or interest if such event had happened immediately
before the commencement of the action is a party thereto, or that a
guardian ad litem is appointed, as prescribed by section 1513 OF THIS
ARTICLE.
§ 19. Subdivisions 1, 3 and 4 of section 1651 of the real property
actions and proceedings law, as amended by chapter 115 of the laws of
1981, are amended to read as follows:
1. Where an infant, [mentally retarded person, mentally ill] person
WITH A MENTAL DISABILITY, [alcohol abuser] or conservatee holds real
property, in joint tenancy or in common, the general guardian of the
infant, or the committee of the [mentally retarded person, mentally ill]
person WITH A MENTAL DISABILITY, [or alcohol abuser,] or conservator of
the conservatee, may apply to the supreme court or to the county court
of the county wherein the real property is situated, for authority to
agree to a partition of the real property. Where such application
affects the interests of an incompetent person or a conservatee who has
been committed to a state institution, and is an inmate thereof, notice
of such application must be given to the superintendent, acting super-
intendent or state officer having special jurisdiction over the institu-
tion where the incompetent person or conservatee is confined. Irrespec-
tive of the location of any real property held by an infant in joint
tenancy or in common, his general guardian may make such application to
the surrogate's court which appointed such guardian. A certified copy of
the decree entered in the surrogate's court on such application must be
recorded in the office of the clerk of each county in which is situated
property affected by such decree.
3. If, after due inquiry into the merits of the application, by a
reference or otherwise, the court is of the opinion that the interests
of the infant, or [of the mentally retarded person, mentally ill] person
WITH A MENTAL DISABILITY, [alcohol abuser] or conservatee, will be
promoted by the partition proposed, it may make an order authorizing the
petitioner to agree to the partition proposed, and in the name of the
infant, [or of the mentally retarded person, mentally ill] person WITH A
MENTAL DISABILITY, [alcohol abuser] or conservatee, to execute releases
of his right and interest in and to that part of the property which
falls to the shares of the other joint-tenants or tenants in common. The
court may, in its discretion, for the furtherance of the interests of
S. 4777--B 13
said infant, [mentally retarded person, mentally ill] person WITH A
MENTAL DISABILITY, [alcohol abuser] or conservatee, direct partition to
be so made as to set off to him or them his or their share in common
with any of the other owners, provided the consent in writing thereto of
such owners shall be first obtained.
4. Releases so executed have the same validity and effect, as if they
were executed by the person in whose behalf they are executed, and as if
the infant was of full age, [or the mentally retarded person, mentally
ill] person WITH A MENTAL DISABILITY, [or alcohol abuser] was of sound
mind, and competent to manage his affairs, or the conservatee was compe-
tent to manage his affairs.
§ 20. Section 1804 of the New York city civil court act, as amended by
chapter 650 of the laws of 1991, is amended to read as follows:
§ 1804. Informal and simplified procedure on small claims. The court
shall conduct hearings upon small claims in such manner as to do
substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked
paid, or two itemized estimates for services or repairs, are admissible
in evidence and are prima facie evidence of the reasonable value and
necessity of such services and repairs. Disclosure shall be unavailable
in small claims procedure except upon order of the court on showing of
proper circumstances. In every small claims action, where the claim
arises out of the conduct of the defendant's business at the hearing on
the matter, the judge or arbitrator shall determine the appropriate
state or local licensing or certifying authority and any business or
professional association of which the defendant is a member. The
provisions of this act and the rules of this court, together with the
statutes and rules governing supreme court practice, shall apply to
claims brought under this article so far as the same can be made appli-
cable and are not in conflict with the provisions of this article; in
case of conflict, the provisions of this article shall control.
§ 21. Section 1804-A of the New York city civil court act, as added by
chapter 653 of the laws of 1987, is amended to read as follows:
§ 1804-A. Informal and simplified procedure on commercial claims. The
court shall conduct hearings upon commercial claims in such manner as to
do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked
paid, or two itemized estimates for services or repairs, are admissible
in evidence and are prima facie evidence of the reasonable value and
necessity of such services and repairs. Disclosure shall be unavailable
in commercial claims procedure except upon order of the court on showing
of proper circumstances. The provisions of this act and the rules of
this court, together with the statutes and rules governing supreme court
practice, shall apply to claims brought under this article so far as the
same can be made applicable and are not in conflict with the provisions
of this article; in case of conflict, the provisions of this article
shall control.
S. 4777--B 14
§ 22. Section 1804 of the uniform city court act, as amended by chap-
ter 650 of the laws of 1991, is amended to read as follows:
§ 1804. Informal and simplified procedure on small claims.
The court shall conduct hearings upon small claims in such manner as
to do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked
paid, or two itemized estimates for services or repairs, are admissible
in evidence and are prima facie evidence of the reasonable value and
necessity of such services and repairs. Disclosure shall be unavailable
in small claims procedure except upon order of the court on showing of
proper circumstances. In every small claims action, where the claim
arises out of the conduct of the defendant's business at the hearing on
the matter, the judge or arbitrator shall determine the appropriate
state or local licensing or certifying authority and any business or
professional association of which the defendant is a member. The
provisions of this act and the rules of this court, together with the
statutes and rules governing supreme court practice, shall apply to
claims brought under this article so far as the same can be made appli-
cable and are not in conflict with the provisions of this article; in
case of conflict, the provisions of this article shall control.
§ 23. Section 1804-A of the uniform city court act, as added by chap-
ter 653 of the laws of 1987, is amended to read as follows:
§ 1804-A. Informal and simplified procedure on commercial claims.
The court shall conduct hearings upon commercial claims in such manner
as to do substantial justice between the parties according to the rules
of substantive law and shall not be bound by statutory provisions or
rules of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked
paid, or two itemized estimates for services or repairs, are admissible
in evidence and are prima facie evidence of the reasonable value and
necessity of such services and repairs. Disclosure shall be unavailable
in commercial claims procedure except upon order of the court on showing
of proper circumstances. The provisions of this act and the rules of
this court, together with the statutes and rules governing supreme court
practice, shall apply to claims brought under this article so far as the
same can be made applicable and are not in conflict with the provisions
of this article; in case of conflict, the provisions of this article
shall control.
§ 24. Section 1804 of the uniform district court act, as amended by
chapter 650 of the laws of 1991, is amended to read as follows:
§ 1804. Informal and simplified procedure on small claims.
The court shall conduct hearings upon small claims in such manner as
to do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked paid,
or two itemized estimates for services or repairs, are admissible in
evidence and are prima facie evidence of the reasonable value and neces-
S. 4777--B 15
sity of such services and repairs. Disclosure shall be unavailable in
small claims procedure except upon order of the court on showing of
proper circumstances. In every small claims action, where the claim
arises out of the conduct of the defendant's business at the hearing on
the matter, the judge or arbitrator shall determine the appropriate
state or local licensing or certifying authority and any business or
professional association of which the defendant is a member. The
provisions of this act and the rules of this court, together with the
statutes and rules governing supreme court practice, shall apply to
claims brought under this article so far as the same can be made appli-
cable and are not in conflict with the provisions of this article; in
case of conflict, the provisions of this article shall control.
§ 25. Section 1804-A of the uniform district court act, as added by
chapter 653 of the laws of 1987, is amended to read as follows:
§ 1804-A. Informal and simplified procedure on commercial claims.
The court shall conduct hearings upon commercial claims in such manner
as to do substantial justice between the parties according to the rules
of substantive law and shall not be bound by statutory provisions or
rules of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked paid,
or two itemized estimates for services or repairs, are admissible in
evidence and are prima facie evidence of the reasonable value and neces-
sity of such services and repairs. Disclosure shall be unavailable in
commercial claims procedure except upon order of the court on showing of
proper circumstances. The provisions of this act and the rules of this
court, together with the statutes and rules governing supreme court
practice, shall apply to claims brought under this article so far as the
same can be made applicable and are not in conflict with the provisions
of this article; in case of conflict, the provisions of this article
shall control.
§ 26. Section 1804 of the uniform justice court act, as amended by
chapter 650 of the laws of 1991, is amended to read as follows:
§ 1804. Informal and simplified procedure on small claims.
The court shall conduct hearings upon small claims in such manner as
to do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or [mentally ill] person WITH
A MENTAL ILLNESS. An itemized bill or invoice, receipted or marked
paid, or two itemized estimates for services or repairs, are admissible
in evidence and are prima facie evidence of the reasonable value and
necessity of such services and repairs. Disclosure shall be unavailable
in small claims procedure except upon order of the court on showing of
proper circumstances. In every small claims action, where the claim
arises out of the conduct of the defendant's business at the hearing on
the matter, the judge or arbitrator shall determine the appropriate
state or local licensing or certifying authority and any business or
professional association of which the defendant is a member. The
provisions of this act and the rules of this court, together with the
statutes and rules governing supreme court practice, shall apply to
claims brought under this article so far as the same can be made appli-
cable and are not in conflict with the provisions of this article; in
case of conflict, the provisions of this article shall control.
S. 4777--B 16
§ 27. This act shall take effect immediately, provided, however, that
the amendments to subdivision (a) of section 9.47 of the mental hygiene
law made by section fifteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to chapter 408 of the
laws of 1999, as amended, when upon such date the provisions of section
sixteen of this act shall take effect.
