Case Information
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ELIZABETH HARDING WEINSTEIN,
Plaintiff, ORDER - against - No. 21-CV-1996 (CS) VILLAGE OF BRIARCLIFF MANOR, et al. ,
Defendants.
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Seibel, J.
WHEREAS Plaintiff Elizabeth Harding Weinstein’s submissions in this matter have raised the issue of her competency by, among other things, challenging a commitment order allegedly issued by Village Justice Howard T. Code on March 9, 2021, ( see Doc. 5), and her alleged involuntary commitment at St. Vincent’s Hospital Westchester from March 9, 2021 to April 2, 2021, ( see id. ; Doc. 6; Doc. 10 ¶¶ 33-38, 50); and
WHEREAS the Court finds it appropriate given the circumstances to conduct an inquiry into Plaintiff’s competency and whether it would be appropriate to appoint a guardian ad litem pursuant to Federal Rule of Civil Procedure 17(c), see Lewis v. Newburgh Hous. Auth. , 692 F. App’x 673, 674-75 (2d Cir. 2017) (summary order), as amended (July 6, 2017), or take other appropriate measures; and
WHEREAS Plaintiff’s appeals from the Court’s previous orders seeking information regarding competency have been dismissed by the Second Circuit, see Order, Weinstein v. Village of Briarcliff Manor , No. 21-1099 (2d Cir. July 8, 2021), ECF No. 58; Order, Weinstein v. Village of Briarcliff Manor , No. 21-1127 (2d Cir. July 8, 2021), ECF No. 43 Order, Weinstein v. Village of Briarcliff Manor , No. 21-1127 (2d Cir. July 14, 2021), ECF No. 49; and
WHEREAS the Court finds that Plaintiff’s psychotherapy records from Elizabeth Bussian, LCSW are needed to aid in the Court’s required determination of Plaintiff’s competency, and therefore “the interests of justice significantly outweigh the need for confidentiality,” N.Y. Mental Hyg. Law § 33.13(c)(1); and
WHEREAS a health care provider may disclose protected health information in the course of a judicial proceeding in response to a court order, see 45 C.F.R. 164.512(e)(1)(i); and
WHEREAS to the extent that the Court seeks these documents for in camera review, their confidentiality shall be maintained; and
WHEREAS the Court sent via UPS a copy of its July 22 Order, (Doc. 34), to Elizabeth Bussian [1] at the address listed on her April 16, 2021 letter regarding Ms. Weinstein – 180 S. Broadway, Ste. 301, White Plains, NY 10605, (Doc. 33 at 6) – and that mailing was returned by UPS with the comment “REASON FOR RETURN: COMPANY OR PERSON UNKNOWN, NOT DELIVERED” (Exhibit 1, attached); and
WHEREAS Ms. Bussian’s June 20, 2021 letter regarding Ms. Weinstein lists Ms. Bussian’s address as 180 S. Broadway, Ste. 207, White Plains, NY 10605, (Doc. 33 at 5); and
WHEREAS the Court will send this Order to that address, IT IS HEREBY ORDERED that Elizabeth Bussian shall, no later than July 30, 2021, submit to the Court for in camera review any and all mental health records relating to Plaintiff Elizabeth Harding Weinstein for the period March 9, 2021 to the present.
The records shall be delivered directly to my chambers via mail, fax, or personal delivery at the Hon. Charles L. Brieant Jr. Federal Building and U.S. Courthouse, 300 Quarropas Street, White Plains, New York 10601.
SO ORDERED.
Dated: July 23, 2021
White Plains, New York
________________________________ CATHY SEIBEL, U.S.D.J. 3
[1] The Court notes the typographical error in its July 20 Order and mailing misspelling Ms. Bussian’s last name as “Bussain” (Exhibit 1, attached). For the avoidance of doubt, both this order and the Court’s Order of July 20, 2021 (Doc. 34) are directed to Elizabeth Bussian. 2