New York City Human Resources Administration v. Carey

— CPLR article 78 petition in the nature of a writ of prohibition, dated July 5, 1984, is unanimously granted on the law, without costs, the order of Supreme Court, New York County (Joan B. Carey, J.), dated June 29, 1984, is vacated as being made in excess of jurisdiction, the defendant Delgado is, nunc pro tunc, declared to be incompetent to stand trial within the meaning of CPL 730.10 and he is committed to the custody of the New York State Commissioner of Mental Health, pursuant to CPL 730.50.

The underlying action is the criminal prosecution of defendant Delgado for arson in the third…