Vitello v. State

Appeal from an order of the Court of Claims, entered June 21, 1971, which denied the State’s motion to dismiss the claim. On June 12, 1935 claimant was sentenced, following a plea of guilty to the crime of attempted robbery, to a maximum term of imprisonment of five years. On April 17, 1937, following his being diagnosed as mentally ill, he was transferred, pursuant to court order, to Dannemora State Hospital where he remained until 1966. In the spring of 1966 claimant, pursuant to section 72 of the Mental Hygiene Law, was transferred to Central Islip State Hospital and, on May 20, 1966, was…