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


44 N.Y.2d 958 (1978)

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

Court of Appeals of the State of New York.

Decided July 6, 1978.


Attorney(s) appearing for the Case

William F. Palmer, appellant pro se.

Louis J. Lefkowitz, Attorney-General (Anne Marsha Tannenbaum and Samuel A. Hirshowitz of counsel), for respondent.

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


MEMORANDUM.

Order of the Appellate Division affirmed, without costs. Although the time limit for challenges to involuntary commitment to a mental hospital does not begin to run until there has been "actual personal service of notice" on the patient, that rule was established in and is applicable to cases in which the patient seeks to prove that he is not, in fact, mentally ill or in need of commitment (see Matter of Coates...

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