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BROWN v. STONE

No. 96-CV-1485 (FB).

66 F.Supp.2d 412 (1999)

Limoni BROWN, as Administrator of the Estate of Evelyn Hasson, Jed Rothstein, Brian DeMarco and Mental Disability Law Clinic, Touro Law Center, Plaintiffs, v. James STONE, in his official capacity as Commissioner of the New York State Office of Mental Health, Reginald Glover, personally, and Frank Tinker, Defendants.

United States District Court, E.D. New York.

August 17, 1999.

Attorney(s) appearing for the Case

William M. Brooks, Touro College, Jacob D. Fuchsberg Law Center, Kelly Sprissler, Kenneth Moeller, Nancy Clifford, Law Student Interns, Huntington, NY, for the plaintiffs.

Eliot Spitzer, Attorney General of the State of New York, by Lisa M. Evans, Marion R. Buchbinder, Monica JHA, Assistant Attorneys General, New York City, for the defendants.

MEMORANDUM AND ORDER

BLOCK, District Judge.

Under New York statutory law, the State of New York ("State") is obliged to provide free care and treatment at its psychiatric hospitals for mentally ill indigents. Accordingly, it will not bill or sue a patient for services rendered unless or until the patient has the ability to pay. If, however, an indigent patient, or an indigent expatient, sues the State in the Court of Claims to recover damages for...

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