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AUGUSTOWSKI v. MENTAL HEALTH

118 Misc.2d 277 (1983)

Kenneth Augustowski et al., Petitioners, v. Commissioner of Office of Mental Health et al., Respondents.

Supreme Court, Suffolk County.

March 16, 1983

Attorney(s) appearing for the Case

Francis M. Savastano (Ines T. Aull, Lesley M. DeLia, Norman Jaeger, Kim L. Darrow and John F. McDermott of counsel), for petitioners. Robert Abrams, Attorney-General (Sall J. Sidoti and Robert L. Schonfeld of counsel), for respondents.

HARRY H. KUTNER, J.

In these proceedings, petitioners Kenneth Augustowski, William Harry Harrison and Cleve Isaac seek to obtain their release from custody of the Commissioner of Mental Health because of the undisputed failure of the commissioner to timely apply for a retention order pursuant to CPL 330.20 (subd 9).

Following independent jury trials of felony indictments, each petitioner was found not responsible by reason of mental disease or...

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