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VOLKMAN v. MILLER

52 A.D.2d 146 (1976)

Edward A. Volkman et al., Appellants, v. Alan Miller, as Commissioner of The Department of Mental Hygiene of the State of New York, et al., Respondents

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

May 13, 1976

Attorney(s) appearing for the Case

Christopher A. Hansen for appellants.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), for respondents.

KANE and LARKIN, JJ., concur with KOREMAN, P. J.; GREENBLOTT and MAIN, JJ., concur in part and dissent in part in an opinion by GREENBLOTT, J.

KOREMAN, P. J.

This proceeding was commenced as an action for a declaratory judgment. Special Term, however, treated the action as a proceeding pursuant to CPLR article 78, and granted defendants' motion for summary judgment. Thus, Special Term found it unnecessary to rule on the plaintiffs' motion to compel discovery and on the amicus motion to appear.

The plaintiffs, John Doe, Robert Roe and...

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