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MATTER OF LINDNER

71 A.D.2d 829 (1979)

In the Matter of David Lindner et al

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

July 13, 1979

Order reversed and application granted, without costs.

Memorandum:

We find no unconstitutionality in the provisions of subdivision 9 of section 402 of the Correction Law; and Special Term erred in denying the applications for the appointment of two physicians for the mental examinations of David Lindner and John Cesario in accordance with that subdivision (see Fhagen v Miller, 29 N.Y.2d 348, 353-354). We agree with...

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