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BOGGS v. HEALTH & HOSPS. CORP.

132 A.D.2d 340 (1987)

In the Matter of Billie Boggs, an Alleged Mentally Ill Patient, Respondent, v. New York City Health and Hospitals Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1987

Attorney(s) appearing for the Case

Robert M. Levy of counsel (Norman Siegel and Eric Friedberg, attorneys), for respondent.

Paul T. Rephen of counsel (Leonard Koerner and June A. Witterschein with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellants.

MURPHY, P. J., and SULLIVAN, J., concur with ROSS, J.; MILONAS and ROSENBERGER, JJ., dissent in an opinion by MILONAS, J.

ROSS, J.

In this appeal, this court must face the difficult dilemma that occurs every time a balance must be struck between an individual's freedom, and the State's right to involuntarily confine such individual, in a mental hospital for treatment, when he is a danger to himself.

The precise issue presented to us is whether the respondents, New York City Health and Hospitals Corporation (NYCHHC), and...

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