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MATTER OF BUTTONOW

23 N.Y.2d 385 (1968)

In the Matter of Josephine Buttonow, an Incompetent Person. Seymour Kagan, as Committee, Respondent; Francis J. O'Neill, as Director of Central Islip State Hospital, Appellant.

Court of Appeals of the State of New York.

Decided December 12, 1968.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Brenda Soloff and Samuel A. Hirshowitz of counsel), for appellant.

Seymour Kagan, respondent in person.

Judges BURKE, SCILEPPI and BERGAN concur with Chief Judge FULD; Judge KEATING concurs in result in a separate opinion; Judge BREITEL dissents in part and votes to reverse and dismiss the petition in an opinion in which Judge JASEN concurs.

Chief Judge FULD.

Josephine Buttonow, an adjudicated incompetent, 39 years old, was admitted to Central Islip State Hospital as an involuntary patient, under an order of certification of the County Court of Suffolk County in 1961. Five years later, in October of 1966, following an interview and examination by a supervising psychiatrist at the hospital, Mrs. Buttonow filed a "voluntary application to remain in...

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