SAVASTANO v. NURNBERG


139 Misc.2d 593 (1987)

Francis M. Savastano et al., Plaintiffs, v. George Nurnberg, as Director of Psychiatry Queens Hospital Center, et al., Defendants.

Supreme Court, Queens County.

September 16, 1987


Attorney(s) appearing for the Case

Nan E. Shapiro for plaintiffs. Peter L. Zimroth, Corporation Counsel (George Gutwirth of counsel), for George Nurnberg, defendant. Robert Abrams, Attorney-General (Robert Schoenfeld of counsel), for Steven Katz, as Commissioner of New York State Office of Mental Health, defendant.


COSMO DI TUCCI, J.

This is an action for a judgment declaring that section 29.11 of the Mental Hygiene Law and 14 NYCRR 517.4, which permit the transfer of involuntarily committed mentally ill patients from an acute-care facility to a long-term facility, over objection, and without a prior judicial hearing as to the need for such transfer, are violative of mentally ill patients' right to due process of law...

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