People ex rel. Kaminstein v. Brooklyn State Hospital

The relator is a patient in a State mental hospital who, by means of this habeas corpus proceeding is seeking his release. The respondent hospital claims that he has not sufficiently recovered to permit such release. They also refuse to apply the provisions for periodic court authorization for retention of patients in mental hospitals as set out in subdivision 3 of section 73 of the Mental Hygiene Law, as amended, effective September 1, 1965, claiming that the provisions of the construction clause contained in section 217 of the Mental Hygiene Law, as amended, expressly exclude those persons…