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HIRSCHFELD v. CARPINELLO

12 Misc.3d 749 (2006)

815 N.Y.S.2d 420

SIDNEY HIRSCHFELD, as Director of Mental Hygiene Legal Service, and on Behalf of THOMAS CALO, Plaintiff, v. SHARON CARPINELLO, RN, Ph.D., as Commissioner of New York State Office of Mental Health, et al., Defendants.

Supreme Court, Orange County.

April 20, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Larry Osofsky and Christine E. Morton of counsel), for plaintiff.

Eliot Spitzer, Attorney General, Poughkeepsie (Dewey Lee of counsel), for defendants.

OPINION OF THE COURT

LEWIS J. LUBELL, J.

Plaintiff seeks a declaratory judgment that the defendants are exceeding their authority to blanketly ban foodstuffs from entering the Mid-Hudson Forensic Psychiatric Center (MHFPC) by way of mail. It is conceded by the parties that inmates at MHFPC may receive unlimited quantities of food in the day room from visitors, which food must be consumed in the day room...

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