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PEOPLE EX REL. KAMISAROFF v. JOHNSTON

13 N.Y.2d 66 (1963)

The People of the State of New York ex rel. Nicholas A. Kamisaroff, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Rose M. Fredrickson for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Paxton Blair of counsel), for respondent.

Judges DYE, VAN VOORHIS, BURKE and SCILEPPI concur with Chief Judge DESMOND; Judge FULD dissents in an opinion in which Judge FOSTER concurs.

Chief Judge DESMOND.

We granted relator leave to appeal from a unanimous no-opinion order of Appellate Division, Third Department, affirming a dismissal of relator's habeas corpus proceeding after a hearing. The order appealed from remanded relator to custody in the Dannemora State Hospital where he has been since 1941. In April, 1941 he escaped from a Connecticut hospital for the insane and two weeks after the...

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