Manzi v. Kaplan

Appellate Division of the Supreme Court of New York

Manzi v. Kaplan

20 A.D.2d 791, 248 N.Y.S.2d 390, 1964 N.Y. App. Div. LEXIS 4271

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

DecidedMarch 2, 1964

StatusPublished

This text of 20 A.D.2d 791 (Manzi v. Kaplan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manzi v. Kaplan, 20 A.D.2d 791, 248 N.Y.S.2d 390, 1964 N.Y. App. Div. LEXIS 4271 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding under article 78 of the former Civil Practice Act (now CPLR, art. 78), to annul a determination made in a disciplinary proceeding finding the petitioner, a hospital staff attendant at a State mental hospital, guilty of failing to report proof of assault by another attendant upon a hospital patient, and demoting the petitioner, the petitioner appeals from an order of the Supreme Court, Queens County, dated June 28, 1962, which denied his petition. Order affirmed, without costs. In our opinion the acting director of the hospital, who had been so designated by the Commissioner of the Department of Mental Hygiene, possessed all the powers of the director of the hospital; hence the acting director was empowered to hear the charges and to make the determination. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In a proceeding under article 78 of the former Civil Practice Act (now CPLR, art. 78), to annul a determination made in a disciplinary proceeding finding the petitioner, a hospital staff attendant at a State mental hospital, guilty of failing to report proof of assault by another attendant upon a hospital patient, and demoting the petitioner, the petitioner appeals from an order of the Supreme Court, Queens County, dated June 28, 1962, which denied his petition. Order affirmed, without costs. In our opinion the acting director of the hospital, who had been so designated by the Commissioner of the Department of Mental Hygiene, possessed all the powers of the director of the hospital; hence the acting director was empowered to hear the charges and to make the determination. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 791, 248 N.Y.S.2d 390, 1964 N.Y. App. Div. LEXIS 4271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manzi-v-kaplan-nyappdiv-1964.