Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04621
Matter of Tope v Shaquan R.
Read the official decision: 2026 NY Slip Op 04621
Holding The appellate court affirmed the lower court’s order authorizing involuntary medication, finding that the petitioner met the burden of proving the respondent lacked capacity and that the treatment was narrowly tailored. The court declined to review the contention regarding remote physician testimony because the record on appeal was incomplete.
The court’s words
Respondent, "as the appellant, submitted this appeal on an incomplete record and must suffer the consequences"
2026 NY Slip Op 04621, at the official text
petitioner met her burden of establishing by clear and convincing evidence that respondent lacks "the capacity to make a reasoned decision with respect to [the] proposed treatment"
2026 NY Slip Op 04621, at the official text
the proposed treatment was "narrowly tailored to give substantive effect to [respondent's] liberty interest, taking into consideration all relevant circumstances"
2026 NY Slip Op 04621, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04621 |
| Area of law | Mental Hygiene Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04621 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 425 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Tope v Shaquan R., 2026 NY Slip Op 04621 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04621/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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