MATTER OF FENTZKE


303 A.D.2d 1000 (2003)

757 N.Y.S.2d 189

In the Matter of PAUL FENTZKE, Respondent. COMMISSIONER OF NEW YORK STATE OFFICE OF MENTAL HEALTH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and a new trial is granted.

Memorandum:

Petitioner was acquitted in 1984 of, inter alia, murder in the second degree by reason of mental disease or defect. He was diagnosed as a paranoid schizophrenic at that time and was placed in respondent's custody pursuant to a series of retention orders. Following the issuance of a one-year retention...

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