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RITTER v. SURLES

144 Misc.2d 945 (1988)

Michael Ritter et al., Individuals Involuntarily Hospitalized within Facilities Operated by New York State, on Behalf of Themselves and Others Similarly Situated, Plaintiffs, v. Richard C. Surles, as Commissioner of the New York State Office of Mental Health, et al., Defendants.

Supreme Court, Westchester County.

November 9, 1988

Attorney(s) appearing for the Case

William M. Brooks for plaintiffs. Carl Vegari, District Attorney (John J. Sergi of counsel), for defendants.

JOHN C. MARBACH, J.

In this declaratory judgment action brought by plaintiffs to declare CPL 730.60 (6) and 14 NYCRR part 540 in violation of the equal protection requirement of the 14th Amendment of the US Constitution and to declare CPL 730.40 violative of the 14th Amendment for failing to accord due process to plaintiffs, defendants, Commissioners of the New York State Office of Mental Health and the Office...

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