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BUTHY v. NY COM'R OF OFFICE OF MENTAL HEALTH

No. 729, Docket 84-7748.

818 F.2d 1046 (1987)

Dennis BUTHY, Plaintiff-Appellant, v. The COMMISSIONER OF the OFFICE OF MENTAL HEALTH OF NEW YORK STATE, the Director of the Gowanda Psychiatric Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 18, 1987.

Attorney(s) appearing for the Case

Philomena A. Reilly, Robin C. Frankel, Law Student Interns, Hempstead, N.Y. (Professor Carolyn A. Kubitschek, Janine Davitian, Lee Lederman, Valerie Voges, Ruth Weinreb, Law Student Interns, Community Legal Assistance Corp., Hempstead, N.Y., of counsel), for plaintiff-appellant.

Clifford A. Royael, Albany, N.Y. (Robert Abrams, Atty. Gen., of State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Dennis Buthy appeals from Chief Judge Curtin's dismissal of his constitutional challenge to various conditions of his confinement in the forensic unit of the Gowanda Psychiatric Center ("Gowanda") in Helmuth, New York. Chief Judge Curtin dismissed Buthy's due process challenge for failure to state a claim upon which relief could be granted and subsequently granted summary judgment dismissing Buthy's equal protection challenge. We affirm.

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