Beitch v. State

New York State Court of Claims

Beitch v. State

193 Misc. 350, 84 N.Y.S.2d 177, 1948 N.Y. Misc. LEXIS 3537

CourtNew York Court of Claims

DecidedDecember 7, 1948

DocketClaim No. 28137

StatusPublished

This text of 193 Misc. 350 (Beitch v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beitch v. State, 193 Misc. 350, 84 N.Y.S.2d 177, 1948 N.Y. Misc. LEXIS 3537 (N.Y. Super. Ct. 1948).

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Opinion

Greenberg, J.

This claim is for the recovery of damages sustained as a result of the alleged false arrest and imprisonment of the claimant in the Rockland State Hospital, pursuant to an order of commitment of the Supreme Court, New York County.

The order was properly made on the petition of the assistant general medical superintendent of Bellevue Hospital and the certificate of two qualified examiners, and in conformity with the provisions of the statutes then in effect.

Even if the order had been improvidently or erroneously made, the State’s Superintendent of Rockland State Hospital was obliged to receive the claimant as the order was regular on its face and issued by a court of competent jurisdiction. (Douglas v. State of New York, 295 N. Y. 941; Warner v. State of New York, 297 N. Y. 395.)

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Greenberg, J.

This claim is for the recovery of damages sustained as a result of the alleged false arrest and imprisonment of the claimant in the Rockland State Hospital, pursuant to an order of commitment of the Supreme Court, New York County.

The order was properly made on the petition of the assistant general medical superintendent of Bellevue Hospital and the certificate of two qualified examiners, and in conformity with the provisions of the statutes then in effect.

Even if the order had been improvidently or erroneously made, the State’s Superintendent of Rockland State Hospital was obliged to receive the claimant as the order was regular on its face and issued by a court of competent jurisdiction. (Douglas v. State of New York, 295 N. Y. 941; Warner v. State of New York, 297 N. Y. 395.)

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Bluebook (online)

193 Misc. 350, 84 N.Y.S.2d 177, 1948 N.Y. Misc. LEXIS 3537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beitch-v-state-nyclaimsct-1948.

Opinion

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