Legal Opinion

In re Lindner

New York Supreme Court

Decided September 8, 1978PublishedCited by 4 opinions

1Opinion of the Court

*235OPINION OF THE COURT

John R. Tenney, J.

An application has been made by William S. Kirk, Acting Superintendant of Elmira Correctional Facility, for a designation by the court of two physicians to examine John Cesario and David Lindner pursuant to subdivision 1 of section 402 of the Correction Law. The prisoners have already been transferred to Central New York Psychiatric Center under the emergency provisions of subdivision 9 of section 402. The application is denied, and the prisoners should be transferred back to Elmira Correctional Facility for such action as is deemed appropriate.

Subdivision…

2Cases cited5 opinions

  1. O'Connor v. DonaldsonSupreme Court of the United States · 1975
  2. Specht v. PattersonSupreme Court of the United States · 1967
  3. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
  4. In re Certification of CoatesNew York Court of Appeals · 1961
  5. Liles v. WardDistrict Court, S.D. New York · 1976

3Cited by4 opinions

  1. State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006
  2. People ex rel. Overton v. Director of the Central New York Psychiatric CenterNew York Supreme Court · 1979
  3. In re SawyerNew York Supreme Court · 2006
  4. State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006

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