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DALE v. HAHN

No. 69 Civ. 3531.

311 F.Supp. 1293 (1970)

Rita Hooper DALE, a former incompetent person, Plaintiff, v. Demarest J. HAHN, individually and as committee of the person and property of Rita Hooper Dale, for the period of July 24, 1962 until April 10, 1967, Alan D. Miller, M.D., individually and as Commissioner of the New York State Department of Mental Hygiene, Edward Pious, individually and as committee of the person and property of Rita Hooper Dale for the period of April 10, 1967 until the present, and Lawrence P. Roberts, M.D., individually and as Director of Harlem Valley State Hospital, Defendants.

United States District Court S. D. New York.

March 26, 1970.

Attorney(s) appearing for the Case

Bruce J. Ennis, New York Civil Liberty Union, Jonathan Weiss, New York City, Center on Social Welfare Policy and Law, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for Defendants Miller and Roberts; Samuel A. Hirshowitz, First Asst. Atty. Gen., Irving L. Rollins, Asst. Atty. Gen., of counsel.

OPINION

COOPER, District Judge.

This is a purported class action by plaintiff Dale (1) for a declaratory judgment that section 102 of the Mental Hygiene Law, McKinney's Consol.Laws, c. 27 of the State of New York (formerly § 1374 of the Civil Practice Act), which provides a procedure for the appointment of a committee for a patient of a state mental institution, denies plaintiff due process and the equal protection of the laws and invades her right...

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