Brickhouse v. Narcotic Addiction Control Commission

Appellate Division of the Supreme Court of New York

Brickhouse v. Narcotic Addiction Control Commission

54 A.D.2d 904, 387 N.Y.S.2d 904, 1976 N.Y. App. Div. LEXIS 14734

Appellate Division of the Supreme Court of the State of New York·Decided November 1, 1976·Published

Opinion

In a proceeding pursuant to CPLR article 78 to rescind and vacate a delinquency arrest warrant issued by respondent and to compel it to discharge petitioner from its further care and custody, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered July 8, 1975, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner may not rely upon section 81.31 of the Mental Hygiene Law for the proposition that respondent had a duty to discharge him from its care and custody because of his subsequent prison sentence. The language of that section is not mandatory. Respondent did not abuse its discretion by deciding to continue petitioner in the drug treatment program. Hopkins, Acting P. J., Martuscello, Cohalan, Margett and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to rescind and vacate a delinquency arrest warrant issued by respondent and to compel it to discharge petitioner from its further care and custody, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered July 8, 1975, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner may not rely upon section 81.31 of the Mental Hygiene Law for the proposition that respondent had a duty to discharge him from its care and custody because of his subsequent prison sentence. The language of that section is not mandatory. Respondent did not abuse its discretion by deciding to continue petitioner in the drug treatment program. Hopkins, Acting P. J., Martuscello, Cohalan, Margett and Shapiro, JJ., concur.

Brickhouse v. Narcotic Addiction Control Commission, 54 A.D.2d 904, 387 N.Y.S.2d 904, 1976 N.Y. App. Div. LEXIS 14734 (N.Y. Ct. App. 1976).

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54 A.D.2d 904 (Brickhouse v. Narcotic Addiction Control Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.