Legal Opinion

Berd v. New York State Department of Health

New York Supreme Court

Decided June 23, 1978PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John J. Conway, J.

The factual background of this proceeding though uncomplicated, presents constitutional issues which this court must decide. They are brought before this court on a CPLR article 78 review of a determination made by the New York State Department of Health (hereinafter called department).

Petitioner is a 72-year-old patient at the Rochester Psychiatric Center, having been involuntarily admitted there in June, 1973. In February, 1977 an order for retention of the patient, Celia Berd, at the Rochester Psychiatric Center was signed by Justice Joseph G. Fritsch…

2Cases cited24 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Paul v. DavisSupreme Court of the United States · 1976
  4. Dandridge v. WilliamsSupreme Court of the United States · 1970
  5. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973

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3Cited by1 opinion

  1. Savastano v. NurnbergNew York Supreme Court · 1987

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