19 A.D.2d 731 | N.Y. App. Div. | 1963
Lead Opinion
In a habeas corpus proceeding instituted by relator, an attorney, on behalf of 57 patients of Matteawan State Hospital, the relator appeals from an order of the Supreme Court, Dutchess County, entered October 16, 1962, which dismissed the writ upon the basis of the decision rendered in a companion case (People ex rel. Brown v. McNeil, 35 Mise 2d 53). By stipulation the parties had agreed to be bound by the court’s decision in the companion case. In that .decision the court held section 412 of the Correction Law to be constitutional. Order affirmed. The sole question here presented involves the constitutionality of that portion of section 412 of the Correction Law which provides for the transfer to Matteawan State Hospital, upon the written order of the Commissioner of Mental Hygiene, of any patient of a State hospital
Lead Opinion
Beldock, P, J., Ughetta, Hill, Rabin and Hopkins, JJ., concur.