Opinion
May 8, 1995
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order and judgment is reversed, without costs or disbursements, the petition is denied, and the proceeding is dismissed.
We find that, under Rivers v Katz ( 67 N.Y.2d 485) and on the record before us, the petitioner Rockland Psychiatric Center (hereinafter the Center) failed to establish that the relief sought is warranted. In reaching this conclusion, however, and given the passage of time that has elapsed, we do not intend to foreclose the Center from commencing a new proceeding to demonstrate, upon a fuller record than the one at bar, the appropriateness of the intrusive procedure proposed, if, upon its review of the patient's present or future condition, the Center be so advised. Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.