Matter of Rochman

In Matter of Rochman (104 Misc 2d 218 [1980]), the court acknowledged that the United States Supreme Court's decision in Addington required clear and convincing proof before an individual could be committed involuntarily to a state mental hospital. The court found that the patient had made an application for a hearing, under section 9.31, following an involuntary admission, pursuant to section 9.27, as an incident of the total admission, and therefore, determined that the burden of proof should be placed upon the hospital.