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PEOPLE EX REL. WOODALL v. BIGELOW

20 N.Y.2d 852 (1967)

The People of the State of New York ex rel. Rose M. Woodall, Appellant, v. Newton Bigelow, as Director of Marcy State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1967.

Attorney(s) appearing for the Case

Nathan J. Siegel for motion.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Winifred C. Stanley of counsel), opposed.

Motion denied. Relator, never having been personally served with notice of the order of commitment, is entitled as a matter of right to the relief she requests in her application to this court — "a hearing before a jury as to the question of [her] sanity." (Mental Hygiene Law, § 74; Matter of Coates, 9 N.Y.2d 242.) Relator is entitled to be represented by counsel at such hearing and should have been represented by counsel...

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