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MTR. OF KESSELBRENNER v. ANONYMOUS

33 N.Y.2d 161 (1973)

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

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Simon Rosenzweig, June A. Resnick and Edward M. Chikofsky for appellant.

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

Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.

Chief Judge FULD.

On this appeal, we are required to determine the constitutionality of a statute (section 85 of former Mental Hygiene Law [now section 29.13 of the new Mental Hygiene Law]) insofar as it mandates that "dangerously mentally ill" patients in civil State hospitals — whose confinement is not based on criminal charge or conviction — be transferred...

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