PEOPLE EX REL. KAMINSTEIN v. BKLYN. HOSP.


49 Misc.2d 57 (1966)

The People of the State of New York ex rel. Morton Kaminstein, Relator, v. Brooklyn State Hospital, Respondent.

Supreme Court, Special Term, Kings County.

January 19, 1966


Attorney(s) appearing for the Case

Morton Kaminstein, relator in person. Louis J. Lefkowitz, Attorney-General (Raymond McKaba of counsel), for Department of Mental Hygiene. Morton Siegelbaum and Gerald Kaplan for Mental Health Information Service.


BENJAMIN BRENNER, J.

The relator is a patient in a State mental hospital who, by means of this habeas corpus proceeding is seeking his release. The respondent hospital claims that he has not sufficiently recovered to permit such release. They also refuse to apply the provisions for periodic court authorization for retention of patients in mental hospitals as set out in subdivision 3 of section 73 of the Mental...

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