The following papers read herein: Documents Numbered Notice of Motion/Order to Show Cause/ Petition/Cross Motion and Affidavits (Affirmations) 1 Upon the foregoing papers and after oral argument in this proceeding for a writ of habeas corpus, pursuant to CPLR Article 70, petitioner, a patient who was involuntarily admitted to Brookdale University Hospital and Medical Center (Brookdale) to receive services for a mental disability on July 14, 2024, seeks an order directing her immediate unshackling and that any future imposition of restraints while she remains a patient at Brookdale be effectuated only in accordance with Mental Hygiene Law (MHL) §33.04 and 14 NYCRR 526.4 (petition at
2 and 18).1 On July 16, 2024, two days after petitioner was admitted to Brookdale for psychiatric evaluation, she commenced this habeas corpus proceeding by filing a petition verified by counsel seeking her “immediate unshackling” and an order directing that any future imposition of restraints while she is a patient at Brookdale must be in accordance with the law. The petition alleges that “(name redacted) is now detained at Brookdale…where she has been shackled in leg restraints as well as handcuffed to a gurney in a wrist restraint continuously since July 14, 2024″2 (petition at 2). The petition specifically alleges that: “[t]he objective of this petition for a writ of habeas corpus is an order directing the removal of leg and wrist restraints from (name redacted), and that any future use of restraints on (name redacted) so long as she remains admitted to Brookdale…be administered only in accordance with the mandates of Mental Hygiene Law…§33.04 and 14 NYCRR 526.4″ (id. at 2). The petition alleges that petitioner was arrested, after which she was brought to Brookdale on July 14, 2024, by Emergency Medical Services (EMS) and the New York City Police Department (NYPD) “for evaluation of her need for psychiatric care and treatment” as an involuntary patient, pursuant to MHL §9.40 (id. at
