Opinion
2002-00578
Argued March 15, 2002.
March 25, 2002.
In a proceeding for permission to administer electroconvulsive therapy to a patient without his consent, the patient appeals from an order of the Supreme Court, Queens County (Price, J.), dated January 2, 2002, which, after a hearing, granted the petition.
Mental Hygiene Legal Service, Mineola, N.Y. (Lesley M. De Lia, Dennis B. Feld, Jacqueline Civitano, and Kim Darrow of counsel), for appellant.
Carolyn Reinach Wolf, P.C., Great Neck, N.Y. (Charles J. Hargreaves of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, and BARRY A. COZIER, JJ.
ORDERED that the order is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.
The Supreme Court improvidently exercised its discretion in denying the appellant's application for the appointment of an independent psychiatric expert (see Judiciary Law § 35; Matter of Kings Park Psychiatric Ctr., 204 A.D.2d 724).
Therefore, as a matter of discretion in the interest of justice, we remit this matter to the Supreme Court, Queens County, for the appointment of an independent psychiatric expert. We are satisfied that the circumstances of this case, particularly the appellant's diagnosis of paranoid schizophrenia and history of autism and mild mental retardation, indicate the need for such an expert. Only after the expert has provided the court with a second opinion should it be determined "whether the proposed treatment is narrowly tailored to give substantive effect to the [appellant's] liberty interest" (Rivers v. Katz, 67 N.Y.2d 485, 497).
FLORIO, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.