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SAVASTANO v. NURNBERG

152 A.D.2d 290 (1989)

Francis M. Savastano, as Director of the Mental Hygiene Legal Service, et al., Respondents, v. George Nurnberg, as Director of Psychiatry, Queens Hospital Center, et al., Appellants

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

December 11, 1989

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Larry A. Sonnenshein and Fred Kolikoff of counsel), for George Nurnberg, appellant.

Robert Abrams, Attorney-General (Arnold D. Fleischer, Andrea Green and Robert L. Schonfeld of counsel), for Steven Katz, appellant.

Francis M. Savastano, pro se, and Raymond J. Baltch, Thomas Behrendt, William M. Brooks and Dennis B. Feld for respondents.

Onek, Klein & Farr (Joel I. Klein, Christopher D. Cerf and David A. Bono of counsel), for New York State Psychiatric Association, amicus curiae.

New York Lawyers for the Public Interest, Inc. (Herbert Semmel and Marilyn A. Kneeland of counsel), for Project Release and Alliance of Psychiatrically Labelled Persons, Inc., amici curiae.

MANGANO, J. P., EIBER and SPATT, JJ., concur.

LAWRENCE, J.

This appeal concerns the right of the defendants to authorize the transfers of involuntarily admitted mentally ill patients, without their consent or a prior judicial hearing, from municipal facilities to psychiatric facilities operated by the New York State Office of Mental Health. We find that the statutory and regulatory scheme (see, Mental Hygiene Law § 29.11; 14 NYCRR 517.4) which...

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