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MARTINI v. ROCKEFELLER

38 A.D.2d 858 (1972)

William Martini, Jr., an Infant, by William Martini, His Parent, et al., Respondents, v. Nelson A. Rockefeller, Individually and as Governor of The State of New York, et al., Respondents, and Alan D. Mller, Individually and as Commissioner of The New York State Department of Mental Hygiene, et al., Appellants

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

February 28, 1972

Order reversed, on the law, insofar as appealed from, without costs, and motion to dismiss the petition granted.

Petitioners failed to apply, prior to the institution of this proceeding, to the Commissioner of the State Department of Mental Hygiene, pursuant to section 86 of the Mental Hygiene Law, for an investigation, hearing and determination as to whether the proposed plan of the Director of Creedmoor State Hospital for the education of adolescent patients

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