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FHAGEN v. MILLER

29 N.Y.2d 348 (1972)

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

Court of Appeals of the State of New York.

Decided January 6, 1972.

Attorney(s) appearing for the Case

Bruce J. Ennis for appellants.

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

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

We are called upon to consider the constitutionality of sections 72 and 78 of the Mental Hygiene Law which provide for involuntary admission of certain types of mental patients.1

The plaintiffs, former mental patients in New York State and New York City hospitals, asserting that they are in "constant apprehension...

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