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  5. 75 N.Y.2d 751 (1989)
 

MATTER OF MENTAL HYGIENE LEGAL SERVS. v. WACK

75 N.Y.2d 751 (1989)

In the Matter of Mental Hygiene Legal Services, on Relation of Angel Cruz, Appellant, v. Renate Wack, as Executive Director of Kirby Forensic Psychiatric Center, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Stephen J. Harkavy, Ronald N. Gottlieb and Marvin Bernstein for appellant.

Robert Abrams, Attorney-General (Robert L. Schonfeld and Thomas P. Dorsey of counsel), for Renate Wack, respondent.

Robert M. Morgenthau, District Attorney (Karen L. Mallory, Mark Dwyer and Susan Gliner of counsel), for People of the State of New York, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed and the certified question answered in the affirmative.

In this habeas corpus proceeding brought pursuant to Mental Hygiene Law § 33.15, Supreme Court determined that petitioner was no longer mentally ill and ordered his release from custody.1 The Appellate Division agreed with Supreme Court only insofar as it found...

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