In Matter of Dailey (185 Misc 2d 506 [Sup Ct, Kings County 2000]), the Court was asked to decide whether a patient's current hospitalization can be included in the calculation of the two hospitalizations required by Mental Hygiene Law 9.60 (c) (4) (i). Mental Hygiene Law 9.60 (c) (4) (i) states in pertinent part: "the patient has a history of lack of compliance with treatment for mental illness that has: "(i) at least twice within the last thirty-six months been a significant factor in necessitating hospitalization in a hospital, or receipt of services in a forensic or other mental health unit of a correctional facility or a local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the filing of the petition" . This court held that "the section seeks only to expand the number of months which a petitioner can look back to 36 months prior to the current hospitalization and does not exclude the acts of noncompliance with treatment and the current hospitalization itself from consideration for an AOT order." (Id., at 510.) Accordingly, the current hospitalization may be used to satisfy one of the two required hospitalizations under Mental Hygiene Law 9.60 (c) (4) (i).