PEOPLE EX REL. SENECAL v. KEILL


7 Misc.2d 942 (1957)

The People of the State of New York ex rel. Martin Senecal, Relator, v. Kenneth Keill, as Director of Willard State Hospital, Defendant.

County Court, Seneca County.

October 3, 1957.


Attorney(s) appearing for the Case

Frank R. Bell for relator.

Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., of counsel), for defendant.


J. SEWARD BODINE, J.

This is an application for a writ of habeas corpus. The Legislature in 1955 amended section 74 of the Mental Hygiene Law (L. 1955, ch. 794) by eliminating the requirement that a petition for commitment of a mentally ill person and the certificate of the examining physicians should be under oath and sworn to before an authorized officer. The relator contends here that such amendment is unconstitutional citing the decisions of Schenectady...

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