Savastano v. Nurnberg

OPINION OF THE COURT

Cosmo Di Tucci, J.

This is an action for a judgment declaring that section 29.11 of the Mental Hygiene Law and 14 NYCRR 517.4, which permit the transfer of involuntarily committed mentally ill *594patients from an acute-care facility to a long-term facility, over objection, and without a prior judicial hearing as to the need for such transfer, are violative of mentally ill patients’ right to due process of law under the New York State and United States Constitutions. Plaintiffs further move for a permanent injunction prohibiting defendants from transferring any objecting…