DECISION ORDER
ORDERED that the order is affirmed, with costs.
This claim arises out of the claimant's involuntary commitment for ten days pursuant to Mental Hygiene Law § 9.37. Commitment pursuant to Mental Hygiene Law article 9 is deemed privileged in the absence of medical malpractice (see, Matter of E. K. v. State of New York, 235 A.D.2d 540; Ferretti v. Town of Greenburgh, 191 A.D.2d 608). The evidence submitted by the defendant in support of its motion for summary judgment established that the decision to involuntarily commit the claimant was made in accordance with accepted medical practice and the requirements and procedures set forth in Mental Hygiene Law § 9.37. In opposition to the motion, the claimant failed to come forward with sufficient evidence to raise a triable issue of fact (see, Topel v. Long Is. Jewish Med. Ctr., 55 N.Y.2d 682; Holton v. Sprain Brook Manor Nursing Home, 253 A.D.2d 852; Mohan v. Westchester County Med. Ctr., 145 A.D.2d 474). Consequently, the court properly granted the defendant's motion.