Upon reading and filing the annexed Petition of Sarah Vienne, duly verified on the 21* day of April, 2022 and brought on behalf of Upstate University Hospital under Article 4 of the Civil Practice Law and Rules and underthe authority of Section 2994-r ofthe Public Health Law,from whichit appears that Jason Lane(the “Patient””) may lack decision making capacity and is objecting to treatment; and uponthe letter dated April 20, 2022 by Stephen C. Clark, Esq., Principal Attorney in Charge, Mental Hygiene Legal Services (“MHLS”) who proffered in anticipation ofthis application and attached hereto, that pursuant to Mental Hygiene Law (“MHL”) §47.01 representation of the Patient would be outside the scope of MHLSjurisdiction.
The Court finds MHL§47.03 provides that MHLSshall “provide legal services and assistance to patients or residents andtheir families related to the admission, retention, and care and treatment of such persons” (MHL §47.03(c), emphasis added).
Certainly rolling a patient to another part ofthe hospital which provides psychiatric care should not be the | determining factor in the ability of MHLStoprovide legal assistance, when the Public Health.
Gerard Neri, Supreme Court Judge, on the 25th day ofApril, 2022 at 9:30 a.m. ofthat day ata virtual hearing ofthis Court, | WHY,an Order should not be made determining that the patient lacks decision-making capacity as defined in Section 2994-c of the Public Health Law; and WHY,an Order should not be madethatthe patient, over his objection, under the authority of Section 2994-r of the Public Health Law, undergothe treatment described in the Petition and Affirmation of an attending physician, Dr. Anupa Mandava, of Upstate University Hospital; and UPONall ofthe papers had herein, and due deliberation having been had thereon, it is hereby ORDERED,that an attorney designated by Mental Hygiene Legal Services, whose office address is 224 Harrison Street, #502, Syracuse, New York 13202 be, and herebyis, appointed Attorney for Jason Lane, to appear on his behalfand protect his interests in this proceeding: andit is further Page 2 of 3 -
Kissane Caroline L. Levitt Gigi E. Meyers Benjamin L. Nelson Emily M. North Lawrence R. Sheets Case Analysts Alissa A. Stewart Lindsay J, Webb April 20, 2022 Sent via E-mail Hon.