Legal Opinion

New York State Department of Mental Hygiene v. County of Broome

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1978PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered March 23, 1977 in Broome County, which granted a motion by plaintiff for summary judgment. The facts are not in dispute. In 1973 Michael Hudak was acquitted of charges of murder and attempted murder by a Broome County Court jury by reason of mental disease or defect. Pursuant to CPL 330.20, the court ordered Hudak committed to the custody of the Commissioner of Mental Hygiene. After paying the first bill for Hudak’s care and treatment in the Binghamton Psychiatric Center, where he had been placed by the commissioner, the…

2Cases cited4 opinions

  1. People v. LallyNew York Court of Appeals · 1966
  2. Union Free School District No. 2 v. NyquistNew York Court of Appeals · 1975
  3. People ex rel. Henig v. Commissioner of Mental HygieneNew York Court of Appeals · 1977
  4. New York State Department of Mental Hygiene v. County of BroomeNew York Supreme Court · 1977

3Cited by1 opinion

  1. 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

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