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MATTER OF HOWE v. SMITH

58 Misc.2d 430 (1968)

In the Matter of Maude M. Howe, Petitioner, v. Harvey E. Smith, as Health Officer of the County of Broome, Respondent.

Supreme Court, Broome County.

December 12, 1968

Attorney(s) appearing for the Case

Shaw, Esworthy, O'Brien & Crowley (Maurice P. O'Brien of counsel), for petitioner. Rodney A. Richards, County Attorney, for respondent.

ROBERT O. BRINK, J.

This is an application made by one Maude M. Howe for an order granting leave to the petitioner to bring a civil action against Harvey E. Smith, M.D., a Deputy Health Commissioner for the County of Broome, pursuant to section 44 of the Mental Hygiene Law and section 14 of the Public Health Law.

It is the contention of the petitioner that the respondent, acting in his official capacity...

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