Ordered that the order is affirmed, with costs.
After reviewing all the evidence in the record, we find that the Supreme Court properly determined that the plaintiff's confinement was privileged under Mental Hygiene Law § 9.37 (a) (see, Gonzalez v. State of New York, 110 A.D.2d 810). The court was not required to consider the plaintiff's claim that she was not examined by a second staff physician within the required 72-hour time period because such claim was not raised in opposition to a prior motion for summary judgment made by the defendant County of Westchester (cf., Foley v. Roche, 68 A.D.2d 558; Matter of Schwartzberg v. Axelrod, 115 A.D.2d 891, 892; Stokes v. County of Suffolk, 63 A.D.2d 645, 646). Accordingly, summary judgment dismissing the complaint was properly granted in favor of the defendant County of Westchester. Rosenblatt, J.P., Miller, Ritter and Copertino, JJ., concur.