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MTR. OF KESSELBRENNER v. ANONYMOUS

39 A.D.2d 410 (1972)

In the Matter of Israel Kesselbrenner, as Director of The Manhattan State Hospital, Appellant, v. ANONYMOUS, an Allegedly Dangerously Mentally Ill Patient, Respondent

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

July 19, 1972.

Attorney(s) appearing for the Case

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

Simon Rosenzweig, Director of Mental Health Information Service for the First Judicial Department (June A. Resnick and Edward M. Chikofsky of counsel), for respondent.

Malachy T. Mahon, Chairman, Special Committee on Commitment Procedures and Law relating to Incompetents, Association of Bar of City of New York, in support of respondent.

HOPKINS, Acting P. J., and MUNDER, J., concur with BRENNAN, J.; SHAPIRO, J., dissents and votes to affirm the order insofar as appealed from, with an opinion, in which CHRIST, J., concurs.

BRENNAN, J.

The basic question presented involves the constitutionality of section 85 of the Mental Hygiene Law1, which provides, insofar as pertinent, for the mandatory transfer of a civilly committed patient in a State hospital to Matteawan State Hospital following a determination that he is dangerously mentally ill.2

In essence, section 85 provides...

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