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MTR OF BERD v. HEALTH DEPT

96 Misc.2d 159 (1978)

In the Matter of Celia Berd, Petitioner, v. New York State Department of Health et al., Respondents.

Supreme Court, Monroe County.

June 23, 1978

Attorney(s) appearing for the Case

White, Miller & Wurtz (Edward A. Wurtz of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Charles J. Genese of counsel), for New York State Department of Health, respondent.

JOHN J. CONWAY, J.

The factual background of this proceeding though uncomplicated, presents constitutional issues which this court must decide. They are brought before this court on a CPLR article 78 review of a determination made by the New York State Department of Health (hereinafter called department).

Petitioner is a 72-year-old patient at the Rochester Psychiatric Center, having been involuntarily...

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