Melendez v. T.M.

2 Citing cases

  1. R.M. v. C.M.

    2024 N.Y. Slip Op. 1545 (N.Y. App. Div. 2024)

    The applicability of CPLR article 63-A is not confined to mentally ill people. Since a finding of a mental impairment is not required, expert medical testimony is not required (see Spickler v K.B., 81 Misc.3d 1231 [A], 2024 NY Slip Op 50046[U] [Sup Ct, Albany County]; Melendez v T.M., 80 Misc.3d 1235 [A], 2023 NY Slip Op 51169[U] [Sup Ct, Westchester County]; People v R.L., 80 Misc.3d 1227 [A], 2023 NY Slip Op 51112[U] [Sup Ct, Suffolk County]; Haverstraw Town Police [PO Vega No. 238] v C.G., 79 Misc.3d 1005, 1015 [Sup Ct, Ulster County]; Matter of J.B. v K.S.G., 79 Misc.3d 296, 301 [Sup Ct, Cortland County]). "[W]hether a person has engaged in the type of conduct that evinces a likelihood of serious harm is a fact-based determination that may be made without the need for an expert opinion" (Matter of J.B. v K.S.G., 79 Misc.3d at 301; see Melendez v T.M., 80 Misc.3d 1235 [A], 2023 NY Slip Op 51169[U]).

  2. Spickler v. K.B.

    81 Misc. 3d 1231 (N.Y. Sup. Ct. 2024)   Cited 1 times

    But since Article 63-a "does not require findings that respondent is mentally ill, or that the likelihood of serious harm result from mental illness" ( id. at 301 ), "whether a person has engaged in the type of conduct that evinces a likelihood of serious harm is a fact-based determination that may be made without the need for an expert opinion" (id. ). Courts throughout the State have adopted the rationale of C.G. and J.B. in rejecting facial constitutional challenge to Article 63-a based on the argument made by respondent herein (seePeople v R.L. , 80 Misc 3d 1227[A], 2023 NY Slip Op 51112[U] [Sup Ct, Suffolk County, Oct. 17, 2023] [Ambro, J.]; accordMelendez v T.M. , 80 Misc 3d 1235[A], 2023 NY Slip Op 51169[U] [Sup Ct, Westchester County, Nov. 3, 2023] [Giacomo, J.]). Given the weight and persuasive force of the authority contrary to G.W. , the Court concludes that respondent has not overcome the "strong presumption of constitutionality" enjoyed by legislative enactments and proven the facial invalidity of Article 63-a "beyond a reasonable doubt" ( Overstock.com, Inc. v New York State Dept. of Taxation & Fin. , 20 NY3d 586, 593 [2013] [internal quotation marks and citation omitted], cert denied 571 US 1071 [2013] ).