MARCY CTR. v. COUGHLIN


60 N.Y.2d 14 (1983)

In the Matter of Board of Visitors — Marcy Psychiatric Center et al., Appellants-Respondents, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (James A. Sevinsky and Peter H. Schiff of counsel), for respondents-appellants.

Donald E. Keinz for appellants-respondents.

Chief Judge COOKE and Judges JASEN, JONES, MEYER and SIMONS concur.


WACHTLER, J.

On this appeal we are asked to consider whether State officials should be prevented from taking immediate action on an emergency plan to convert an unused portion of a State mental institution (Marcy Psychiatric Center) into a correctional facility. Two issues are presented for review. First it is argued that the proposed plan would violate subdivision (b) of section 7.11 of the Mental Hygiene Law...

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