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L.R.C. v. KLEIN

167 N.J. Super. 23 (1979)

400 A.2d 496

L.R.C., ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. ANN KLEIN, COMMISSIONER OF THE DEPARTMENT OF INSTITUTIONS AND AGENCIES, AND HER AGENTS AND SUCCESSORS IN OFFICE; ANCORA PSYCHIATRIC HOSPITAL; BAL KAUSHAL, M.D., IN HIS CAPACITY AS MEDICAL DIRECTOR OF ANCORA PSYCHIATRIC HOSPITAL, AND HIS AGENTS AND SUCCESSORS IN OFFICE; RICHARD WILSON, IN HIS CAPACITY AS ACTING HOSPITAL ADMINISTRATOR AND CHIEF EXECUTIVE OFFICER OF ANCORA PSYCHIATRIC HOSPITAL AND HIS AGENTS AND SUCCESSORS IN OFFICE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1979.

Attorney(s) appearing for the Case

Ms. Linda Rosenzweig, Assistant Deputy Public Advocate argued the cause for appellant (Mr. Stanley C. Van Ness, Public Advocate, attorney; Ms. Rosenzweig on the brief).

Mr. Joseph T. Maloney, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie Conley, Assistant Attorney General, of counsel; Mr. Maloney on the brief).

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

The order under review is affirmed substantially for the reasons expressed by Judge Douglas in his opinion of January 10, 1978 reported at 156 N.J.Super. 239 (Law Div. 1978).

Additionally, although we do not regard it as constitutionally required, it would certainly be appropriate and feasible for the Department of Human Services to provide by regulation, see N.J.S.A. 30:1-12, 30:1A-1, that upon...

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