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O’Meara and Koke Succeed Following a Seven-Day Involuntary Discharge Hearing in New York County

January 22, 2020

Juliann O’Meara (Partner-White Plains) and Roland Koke (Of Counsel-White Plains) obtained an order allowing client/dialysis clinic to involuntarily discharge an abusive and disruptive patient from its outpatient dialysis clinic. Pro se plaintiff, an attorney who has end-stage renal disease, received hemodialysis three days a week, but his behavior became increasingly abusive toward the staff. The clinic served the plaintiff with an Involuntary Discharge Letter, and he immediately obtained a TRO preventing the clinic from discharging him. After an initial hearing in the lower court, the TRO was lifted, but the plaintiff appealed to the First Department and the TRO was reinstated and the case remanded back to the trial court for a further testimonial hearing. Juliann and Roland produced 12 witnesses. The plaintiff, in addition to calling himself, called all of our clinic witnesses during his case in chief. Ultimately, the court found the plaintiff’s behavior to be abusive and disruptive, and the plaintiff to be aggressive, discourteous and unprofessional throughout the hearing and unbecoming of a member of the New York bar and poorly reflective on his fitness and ability to practice law and conduct himself appropriately. The court lifted the TRO and ordered that the plaintiff no longer be treated at our client’s facility.

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