Legal Opinion

Montoroula v. Parry

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

Decided November 1, 1976PublishedCited by 1 opinion

1Opinion of the CourtHopkins, Acting P. J.

The Special Term has declared the provisions of subdivision 2 of section 365 of the Social Services Law and 18 NYCRR 360.21 (e)* to be unconstitutional as *329violative of the equal protection of the laws, as applied to the petitioner’s son.

The appeal comes to us under a stipulation of facts, stating that the petitioner is the father of Peter Montoroula, who is 24 years old and suffers from "severe mental and psychiatric problems, although he has never been declared judicially incompetent”. As a result of his disability, Peter requires "institutionalization”, and the petitioner applied for…

2Cases cited16 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. McGowan v. MarylandSupreme Court of the United States · 1961
  4. Shapiro v. ThompsonSupreme Court of the United States · 1969
  5. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955

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3Cited by1 opinion

  1. Arnold v. ReedAppellate Division of the Supreme Court of the State of New York · 1977

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