Opinion
June 30, 1994
Appeal from the Supreme Court, New York County (Seymour Schwartz, J.H.O.).
Respondent argues that her multi-drug resistant tuberculosis can be treated, and the public health protected, by means less restrictive than detention in a hospital pursuant to section 11.47 of the New York City Health Code. We disagree. Clear and convincing evidence of respondent's inability to comply with the projected 18 to 24 month prescribed course of medication in a less restrictive environment was provided by proof of her history of drug abuse, unstable or uncertain housing accommodations, apparent inability, as demonstrated by her own testimony, to understand the nature and seriousness of her condition, and refusal to cooperate with petitioner's repeated efforts to have her participate in voluntary forms of directly observed therapy.
Concur — Sullivan, J.P., Carro, Ellerin and Asch, JJ.