In re Klahs

This is a proceeding brought pursuant to section 73 of the Mental Hygiene Law by the Director of the Gowanda State Hospital for an order authorizing the retention of the above-named patient for a period not to exceed six months. The threshold question presented here is raised by the respondent’s claim that the proceeding should be dismissed as not timely commenced.

The facts are not in dispute. The respondent, 82 years of age and widowed, was last admitted to the Gowanda State Hospital on July 28, 1967, on a two-physicians certificate made pursuant to section 72 of the Mental Hygiene Law. On…