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MENTAL HYGIENE v. CO OF BROOME

89 Misc.2d 354 (1977)

New York State Department of Mental Hygiene, Plaintiff, v. County of Broome et al., Defendants.

Supreme Court, Broome County.

February 7, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William F. Sheehan of counsel), for plaintiff. John E. Murray, County Attorney (Theodore J. Mlynarski, Jr., of counsel), for defendants.

PAUL J. YESAWICH, JR. J.

Plaintiff, New York State Department of Mental Hygiene, moves pursuant to CPLR 3212 for summary judgment to recover the cost of caring for Michael Hudak, a patient at the Binghamton Psychiatric Center, and others being held in State mental hygiene facilities by reason of orders of the Broome County criminal court.

The facts are undisputed. In 1973 Hudak was acquitted of the charges of murder and attempted murder by reason...

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