Legal Opinion

Kesselbrenner v. Anonymous

New York Court of Appeals

Decided November 21, 1973PublishedCited by 57 opinions

1Opinion of the Court

Chief Judge Fuld.

On this appeal, we are required to determine the constitutionality of a statute (section 85 of former Mental Hygiene Law [now section 29.13 of the new Mental Hygiene Law]) insofar as it mandates that “dangerously mentally ill ” patients in civil State hospitals — whose con*163finement is not based on criminal charge or conviction — be transferred to Matteawan State Hospital, a correctional faeih ity primarily for mentally ill convicted criminals.1

Section 85 of the former Mental Hygiene Law — in effect until shortly after the present appeal was taken — authorized the director of…

2Cases cited12 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Robinson v. CaliforniaSupreme Court of the United States · 1962
  3. Shelton v. TuckerSupreme Court of the United States · 1960
  4. Jackson v. IndianaSupreme Court of the United States · 1972
  5. Humphrey v. CadySupreme Court of the United States · 1972

7 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Klostermann v. CuomoNew York Court of Appeals · 1984
  2. State v. KrolSupreme Court of New Jersey · 1975
  3. Eubanks v. ClarkeDistrict Court, E.D. Pennsylvania · 1977
  4. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998
  5. Scott v. PlanteCourt of Appeals for the Third Circuit · 1981

52 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API