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PALMER v. NEW YORK STATE DEP'T OF MENTAL HYGIENE

60 A.D.2d 572 (1977)

William F. Palmer, Appellant, v. New York State Department of Mental Hygiene et al., Respondents

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

December 5, 1977

Order affirmed, without costs or disbursements, on the memorandum decision of Mr. Justice Monteleone at Special Term.

Suozzi, J., dissenting.

By affirming the order appealed from, which, inter alia, denied petitioner-appellant's request for a hearing and a jury trial on the propriety of a 1953 certification which had him committed as an insane person, the majority forever precludes him from proving that he was illegally certified insane...

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