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KRIEGBAUM v. KATZ

No. 812, Docket 89-7537.

909 F.2d 70 (1990)

Raymond E. KRIEGBAUM, as Conservator of the Estate of Robert Kriegbaum; Walter Sendziak, as Conservator of the Estate of Leo Faulkner, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Steven E. KATZ, M.D., and Richard Surles, M.D., Commissioner of New York State Office of Mental Health, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 16, 1990.

Attorney(s) appearing for the Case

Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Richard J. Dorsey, Asst. Attys. Gen. (Robert Abrams, Atty. Gen., Albany, N.Y.), for defendants-appellants.

David Gerald Jay, Buffalo, N.Y., for plaintiffs-appellees.

Before CARDAMONE and WINTER, Circuit Judges, and KEENAN, District Judge.

KEENAN, District Judge:

This appeal of a federal question case requires us to decide what measures New York State may employ to secure the use of an individual's social security benefits to defray the cost of the individual's institutional care after commitment pursuant to a finding that the individual was not guilty of charged crimes because of mental illness. The issues arise on defendants' appeal from the April 28, 1989, order of the District Court for the Western...

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