FHAGEN v. MILLER


65 Misc.2d 163 (1970)

Michael Fhagen et al., Plaintiffs, v. Alan D. Miller, Individually and as Commissioner of Mental Hygiene of the State of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

December 9, 1970


Attorney(s) appearing for the Case

Bruce J. Ennis for plaintiffs. Louis J. Lefkowitz, Attorney-General (Brenda Soloff of counsel), for Alan D. Miller, defendant. J. Lee Rankin, Corporation Counsel (Judith Gordon of counsel), for Alexander Thomas, individually and as director of psychiatric division of Bellevue Hospital Center, defendant.


FRANCIS J. BLOUSTEIN, J.

Pursuant to CPLR 3001, plaintiffs challenge the constitutionality of a number of sections of the New York Mental Hygiene Law, principally sections 72 and 78, plus 14 NYCRR 62.2, and request declaratory, injunctive and other relief. Upon this proceeding, by motion and cross motion, each of the parties seeks summary judgment.

In July, 1969, plaintiff Fhagen brought a Federal action...

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