SAVASTANO v. NURNBERG


77 N.Y.2d 300 (1990)

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

Court of Appeals of the State of New York.

Decided December 27, 1990.


Attorney(s) appearing for the Case

Dennis B. Feld, Kim L. Darrow and Thomas A. Behrendt for appellants.

Victor A. Kovner, Corporation Counsel (Fred Kolikoff and Larry A. Sonnenshein of counsel), for George Nurnberg, respondent.

Robert Abrams, Attorney-General (Frank K. Walsh, O. Peter Sherwood and Peter H. Schiff of counsel), for Steven Katz, respondent.

Herbert Semmel and Marilyn A. Kneeland for American Orthopsychiatric Association and another, amici curiae.

Joel I. Klein, Laurel Pyke Malson and Christopher D. Cerf, of the District of Columbia Bar, admitted pro hac vice, for New York State Psychiatric Association, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA concurs in result only on the threshold ground that no constitutionally cognizable liberty interest is implicated by the statutory and regulatory scheme at issue.


TITONE, J.

At issue on this appeal is the constitutionality of the statutory and regulatory scheme which permits the Commissioner of the New York State Office of Mental Health to authorize the transfer of involuntarily committed mentally ill patients, over their objection, from municipal acute-care facilities to intermediate and long-term State mental health institutions, without holding a prior judicial hearing...

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