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PEO. EX REL. THORPE v. CLARK

62 A.D.2d 216 (1978)

The People of the State of New York ex rel. Mara T. Thorpe, as Law Guardian, on Behalf of Richard M. (Anonymous), Appellant, v. Ira C. Clark, as Executive Director of The Kings County Hospital Center, Respondent The People of the State of New York ex rel. Mara T. Thorpe, as Law Guardian, on Behalf of Jack T. (Anonymous), Appellant, v. Ira C. Clark, as Executive Director of The Kings County Hospital Center, Respondent The People of the State of New York ex rel. Mara T. Thorpe, as Law Guardian, on Behalf of Carlton E. (Anonymous), Appellant, v. Ira C. Clark, as Executive Director of The Kings County Hospital Center, Respondent

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

April 17, 1978

Attorney(s) appearing for the Case

Charles Schinitsky (Mara T. Thorpe and Marcia Rich of counsel), for Richard M. (Anonymous), appellant.

Charles Schinitsky (Mara T. Thorpe and Sandra Wottitz of counsel), for Jack T. (Anonymous), appellant.

Charles Schinitsky (Mara T. Thorpe and Gary Sherbell of counsel), for Carlton E. (Anonymous), appellant.

W. Bernard Richland, Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for respondent.

HOPKINS, J. P., MARTUSCELLO and LATHAM, JJ., concur.

O'CONNOR, J.

The issue here presented is whether the Family Court has jurisdiction to commit a juvenile to the Department of Mental Hygiene if it is alleged that the juvenile is a delinquent in a situation where, prior to being adjudicated pursuant to article 7 of the Family Court Act, he is found to be incompetent to defend himself in such proceeding. We hold that the Family Court has such jurisdiction, but...

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