Willis v. Von Holden

— Judgment unanimously affirmed, with costs, to petitioner; cross appeal dismissed. Memorandum: Respondents’ assertion on appeal that the court lacks jurisdiction in this proceeding is without merit. Not only does the answer to the petition admit service upon the Department of Mental Hygiene, but the jurisdictional objection recited in paragraph "second” of the answer relates only to respondents Welton and Von Holden and not to the department. Moreover, Welton and Von Holden are named in this proceeding only in their representative capacities and not individually (cf. Foster v McMorran, 33…