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MATTER OF WILLIS v. HOLDEN

67 A.D.2d 810 (1979)

In the Matter of Robert W. Willis, Respondent-Appellant, v. Martin H. Von Holden, as Director of Central New York Psychiatric Center, et al., Appellants-Respondents

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

January 19, 1979

Judgment unanimously affirmed, with costs, to petitioner; cross appeal dismissed.

Memorandum:

Respondents' assertion on appeal that the court lacks jurisdiction in this proceeding is without merit. Not only does the answer to the petition admit service upon the Department of Mental Hygiene, but the jurisdictional objection recited in paragraph "SECOND" of the answer relates only to respondents Welton and Von Holden and not to the department. Moreover, Welton...

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