Howe v. Smith

Egbert 0. Brink, J.

This is an application made by one Maude M. Howe for an order granting leave to the petitioner to bring a civil action against Harvey E. Smith, M.D., a Deputy Health Commissioner for the County of Broome, pursuant to section 44 of the Mental Hygiene Law and section 14 of the Public Health Law.

It is the contention of the petitioner that the respondent, acting in his official capacity as Deputy Health Commissioner, committed a tort against her person in applying for the petitioner’s admission to the Binghamton State Hospital by a certification stating that in his opinion, she…