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MATTER OF KENNETH M.

130 Misc.2d 217 (1985)

In the Matter of Kenneth M., a Patient Admitted to Rochester Psychiatric Center, Respondent. Rochester Psychiatric Center, Petitioner.

Supreme Court, Monroe County.

November 1, 1985

Attorney(s) appearing for the Case

Antell, Harris & Hinman (James S. Hinman of counsel), for respondent. Robert Abrams, Attorney-General (Charles S. Steinman of counsel), for petitioner.

REUBEN K. DAVIS, J.

May a State hospital call as a witness on its behalf a patient sought to be retained in a jury review proceeding under Mental Hygiene Law § 9.35? That is the novel question brought before this court upon a motion by said patient, Mr. Kenneth M., seeking an order precluding the Rochester Psychiatric Center from calling Mr. M. as a witness.

The facts of this case are undisputed. On May 7, 1985, Mr. M. was admitted to the...

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