Legal Opinion
People ex rel. Overton v. Director of the Central New York Psychiatric Center
New York Supreme Court
Decided January 25, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward F. McLaughlin, J.
This is a habeas corpus proceeding initiated by the petitioner pursuant to CPLR article 70 on January 11, 1979, and argued on January 18, 1979. At issue is the constitutionality of newly enacted subdivision 9 of section 402 of the Correction Law which provides an emergency procedure for a temporary administrative transfer of certain allegedly mentally ill prisoners from a correctional facility to the Central New York Psychiatric Center, without prior judicial determination of such mental illness.
Prior to the commitment now at issue, petitioner was…
2Cases cited9 opinions
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
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3Cited by2 opinions
- In re LindnerAppellate Division of the Supreme Court of the State of New York · 1979
- In re SawyerNew York Supreme Court · 2006