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K.P. v. ALBANESE

204 N.J. Super. 166 (1985)

497 A.2d 1276

K.P., P.D., E.M., B.J., ET AL., INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED AT TRENTON PSYCHIATRIC HOSPITAL, P.W., K.P., P.D., ET AL., INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED AT TRENTON PSYCHIATRIC HOSPITAL, APPELLANTS, v. GEORGE ALBANESE, COMMISSIONER, DEPARTMENT OF HUMAN SERVICES, RICHARD WILSON, ACTING DEPUTY COMMISSIONER, DEPARTMENT OF HUMAN SERVICES, DENNIS LAFER, ACTING DIRECTOR, DIVISION OF MENTAL HEALTH AND HOSPITALS, FRANK CUOMO, CHIEF EXECUTIVE OFFICER, TRENTON PSYCHIATRIC HOSPITAL, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1985.

Attorney(s) appearing for the Case

Joseph F. Suozzo and Arthur J. Rosenberg, Assistant Deputy Public Advocates, argued the cause for appellants (Amy R. Piro, Acting Public Advocate, attorney; Joseph F. Suozzo and Arthur J. Rosenberg, of counsel and on the brief).

Susan R. Oxford, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel and on the brief; Susan R. Oxford also on the brief).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

The opinion of the court was delivered by GAYNOR, J.A.D.

These consolidated appeals challenge the program promulgated by the Department of Human Services, Division of Mental Health and Hospitals, and policies adopted at the Trenton Psychiatric Hospital pertaining to patients' privileges as they affect civil committees who have been ordered discharged pending appropriate placements.

The appellants, on behalf of themselves and other patients at the Trenton Psychiatric...

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