VOLKMAN v. MILLER


41 N.Y.2d 946 (1977)

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.

Court of Appeals of the State of New York.

Decided March 29, 1977.


Attorney(s) appearing for the Case

Christopher A. Hansen and Bruce J. Ennis for appellants.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Prima facie the State has the power to provide a central facility for the storage and retrieval of statistics involving inpatients or outpatients of institutions and facilities owned or operated by the State. On this record there has been no showing that any supervening right has been invaded. (Cf. Matter of Schulman v New York City Health & Hosps. Corp., 38 N.Y.2d 234

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