MATTER OF PALMER v. Merges

37 N.Y.2d 177 (1975)

In the Matter of Deborah Palmer, Formerly Known as Deborah Spinner, Respondent,

v.

Richard Merges, as Acting Director of the Wassaic State School, Appellant.

Court of Appeals of the State of New York.

Argued May 5, 1975.

Decided June 11, 1975.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for appellant.

Thomas D. Mahar, Jr. for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI concurs in a separate opinion.

Chief Judge BREITEL.

In an article 78 (CPLR) proceeding,…