New York State Department of Mental Hygiene v. County of Broome
New York Supreme Court
1Opinion of the Court
Paul J. Yesawich, Jr. J.
Plaintiff, New York State Department of Mental Hygiene, moves pursuant to CPLR 3212 for summary judgment to recover the cost of caring for Michael Hudak, a patient at the Binghamton Psychiatric Center, and others being held in State mental hygiene facilities by reason of orders of the Broome County criminal court.
The facts are undisputed. In 1973 Hudak was acquitted of the charges of murder and attempted murder by reason of mental disease or defect by a Broome County Court jury. Following the mandate of CPL 330.20, the court ordered Hudak committed to the custody of…
2Cases cited9 opinions
- People v. LallyNew York Court of Appeals · 1966
- People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
- People Ex Rel. Peabody v. . ChanlerNew York Court of Appeals · 1909
- People v. McNellyNew York Supreme Court · 1975
- Lashway v. Hanes, New York County Courts1974
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3Cited by2 opinions
- Frank C. Fetterusso, Otto Hofendiener, and Leonard Giardiana v. State of New York, New York State Office of Mental HealthCourt of Appeals for the Second Circuit · 1990
- New York State Department of Mental Hygiene v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1978