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STATE EX REL HENRY L v. HAWES

174 Misc.2d 929 (1997)

667 N.Y.S.2d 212

State of New York ex rel. Henry L., Relator, v. Barbara A. Hawes, as Director of Sunmount Developmental Disabilities Services Office, et al., Respondents.

County Court, Franklin County.

November 10, 1997

Attorney(s) appearing for the Case

Mental Hygiene Legal Services, Ogdensburg (Peter R. Terriah of counsel), for Henry L., relator. Dennis C. Vacco, Attorney-General, Plattsburgh (D. Travis Tucker of counsel), for Thomas Maul, as Commissioner of New York State Office of Mental Retardation and Developmental Disabilities, respondent. Sol Greenberg, District Attorney of Albany County (Paul DerOhannesian, II, of counsel), for People of State of New York.

ROBERT G. MAIN, JR., J.

Relator, an insanity acquittee, proceeding by writ of habeas corpus, seeks an order directing respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities (hereinafter Commissioner) to remove him from his confinement at Sunmount Developmental Disabilities Services Office (hereinafter Sunmount), a secure facility, and to return him to Wassaic...

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