PEOPLE EX REL. METESKY v. JOHNSTON


25 A.D.2d 786 (1966)

The People of the State of New York ex rel. George P. Metesky, Appellant, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 25, 1966


Order reversed on the law, without costs, and proceeding remitted to the Supreme Court, Dutchess County, for the purpose of (a) holding a further hearing, and (b) making a determination de novo on the basis of the proof adduced upon such hearing.

No questions of fact have been considered. In our opinion, the relator was not given an opportunity to present evidence in support of his petition or to cross-examine respondent's medical witness (cf. People ex...

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