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PEOPLE EX REL. AUAD v. DIR. BFL. HOSP.

48 Misc.2d 1009 (1965)

The People of the State of New York ex rel. Lulu Auad, on Behalf of Elizabeth L. Auad, Relator, v. Director of Buffalo State Hospital, Respondent.

Supreme Court, Erie County.

December 31, 1965

Attorney(s) appearing for the Case

A. E. Schulgasser for petitioner. Louis J. Lefkowitz, Attorney-General (Margaret D. Hazel of counsel), for respondent.

CARMAN F. BALL, J.

The relator, presently detained for treatment in the State hospital at Buffalo seeks, by way of a writ of habeas corpus, her release therefrom upon the following grounds: "(a) the unconstitutionality, defectiveness and invalidity of Sect. 78-4 of the Mental Hygiene Law under which the proceedings against Elizabeth L. Auad were initiated. (b) the defectiveness and invalidity of the proceedings resulting in the detention."

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