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PEOPLE EX REL. EGAN v. JOHNSTON

36 A.D.2d 848 (1971)

The People of the State of New York ex rel. Gregory Egan, Appellant, v. W. Cecil Johnston, as Director of Matteawan State Hospital, Respondent In the Matter of Gregory Egan, Appellant, v. W. Cecil Johnston, as Director of Matteawan State Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 19, 1971

The notices of appeal herein are amended to correctly describe the judgments appealed from (CPLR 5520, subd. [c]). In our view, petitioner, who is presently confined at Matteawan State Hospital pursuant to section 662-b of the Code of Criminal Procedure, is ineligible at this time for transfer to a civil hospital under the jurisdiction of the Department of Mental Hygiene (Mental Hygiene Law, § 70; cf. United States ex rel. von Wolfersdorf v. Johnston, ...

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