Legal Opinion

Savastano v. Nurnberg

New York Court of Appeals

Decided December 27, 1990PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

At issue on this appeal is the constitutionality of the statutory and regulatory scheme which permits the Commissioner of the New York State Office of Mental Health to authorize the transfer of involuntarily committed mentally ill patients, over their objection, from municipal acute-care facilities to intermediate and long-term State mental health institutions, without holding a prior judicial hearing as to the appropriateness of the transfer (see, Mental Hygiene Law § 29.11; 14 NYCRR 517.4). For the reasons that follow, we conclude that the procedural scheme…

2Cases cited7 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
  3. Vitek v. JonesSupreme Court of the United States · 1980
  4. Washington v. HarperSupreme Court of the United States · 1990
  5. Parham v. J. R.Supreme Court of the United States · 1979

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3Cited by22 opinions

  1. Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998
  2. Jamie R. v. ConsilvioNew York Court of Appeals · 2006
  3. People v. KetaAppellate Division of the Supreme Court of the State of New York · 1991
  4. Winner v. CuomoAppellate Division of the Supreme Court of the State of New York · 1992
  5. The People of the State of New York, ex rel. Lesley M. DeLia v. Douglas MunseyNew York Court of Appeals · 2015

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

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