PEOPLE EX REL. "ANONYMOUS" NO. 1 v. LA BURT


17 N.Y.2d 738 (1966)

The People of the State of New York ex rel. "Anonymous" No. 1 Appellant, v. Harry A. La Burt, as Director of Creedmoor State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1966.


Attorney(s) appearing for the Case

Morton Birnbaum and Paul J. Clifford for appellant.

Louis J. Lefkowitz, Attorney-General (Arthur L. Schiff and Samuel A. Hirshowitz of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


MEMORANDUM.

The order should be affirmed, without costs. Petitioner-appellant has failed to adduce any proof which would warrant our granting the relief sought. The evidence in the record clearly establishes the legality of his commitment and the fact of his mental illness.

If in the future the appellant sees fit to challenge the latter finding of fact he may, on the return...

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