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GOETZ v. CROSSON

No. 1630, Docket 93-9357.

41 F.3d 800 (1994)

Lyle R. GOETZ, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, Mark Cans and Anna Selletti, individually, and on behalf of all others similarly situated, Intervenors-Appellants, v. The Honorable Matthew CROSSON, in his official capacity of chief administrator of the courts of New York, and Dr. Richard C. Surles, in his official capacity of Commissioner of the New York State Office of Mental Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 28, 1994.

Attorney(s) appearing for the Case

William M. Brooks, Mental Disability Law Clinic, Touro College, Huntington, NY, for plaintiff-appellant and intervenors-appellants.

Barbara K. Hathaway, Asst. Atty. Gen. of the State of N.Y., New York City (G. Oliver Koppell, Atty. Gen. of the State of N.Y.), for defendants-appellees.

Before: WINTER and WALKER, Circuit Judges, and POLLACK, District Judge.

WINTER, Circuit Judge:

A class of involuntarily committed patients in New York State mental hospitals appeals from Judge Goettel's decision that New York's procedures for the appointment of independent psychiatrists in involuntary commitment or retention hearings, as applied in Dutchess County, comport with due process. The members of the class also challenge a discovery order of the district court. We affirm.

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