Opinion
Submitted May 2, 2000.
June 19, 2000.
In a claim to recover damages for false imprisonment, medical malpractice, and civil rights violations, the claimant appeals from an order of the Court of Claims (Silverman, J.), entered June 2, 1999, which granted the defendant's motion for summary judgment dismissing the claim.
William M. Brooks, Huntington, N.Y. (Meghan Sieber on the brief), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Peter G. Crary and Gina M. Ciccone of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
This claim arises out of the claimant's involuntary commitment for ten days pursuant to Mental Hygiene Law § 9.37. Commitment pursuant to Mental Hygiene Law article 9 is deemed privileged in the absence of medical malpractice (see, Matter of E. K. v. State of New York, 235 A.D.2d 540; Ferretti v. Town of Greenburgh, 191 A.D.2d 608). The evidence submitted by the defendant in support of its motion for summary judgment established that the decision to involuntarily commit the claimant was made in accordance with accepted medical practice and the requirements and procedures set forth in Mental Hygiene Law § 9.37. In opposition to the motion, the claimant failed to come forward with sufficient evidence to raise a triable issue of fact (see, Topel v. Long Is. Jewish Med. Ctr., 55 N.Y.2d 682; Holton v. Sprain Brook Manor Nursing Home, 253 A.D.2d 852; Mohan v. Westchester County Med. Ctr., 145 A.D.2d 474). Consequently, the court properly granted the defendant's motion.