Vitello v. State

Appellate Division of the Supreme Court of New York

Vitello v. State

39 A.D.2d 792, 332 N.Y.S.2d 289, 1972 N.Y. App. Div. LEXIS 4568

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

DecidedMay 18, 1972

DocketClaim No. 50937

StatusPublished

This text of 39 A.D.2d 792 (Vitello v. State) 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

Vitello v. State, 39 A.D.2d 792, 332 N.Y.S.2d 289, 1972 N.Y. App. Div. LEXIS 4568 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from an order of the Court of Claims, entered June 21, 1971, which denied the State’s motion to dismiss the claim. On June 12, 1935 claimant was sentenced, following a plea of guilty to the crime of attempted robbery, to a maximum term of imprisonment of five years. On April 17, 1937, following his being diagnosed as mentally ill, he was transferred, pursuant to court order, to Dannemora State Hospital where he remained until 1966. In the spring of 1966 claimant, pursuant to section 72 of the Mental Hygiene Law, was transferred to Central Islip State Hospital and, on May 20, 1966, was granted voluntary hospitalization. On December 1, 1966 an honor card was issued to the claimant which allowed him to visit his relatives. This program proved successful and on May 11, 1967 claimant was discharged. On April 26, 1969 a claim against New York State, based on allegations of false imprisonment and negligence in the diagnosis, treatment and care of the claimant, was filed. The State moved for an [793]*793order dismissing the claim pursuant to section 10 of the Court of Claims Act. The Court of Claims properly denied the motion. (Boland v. State of New York, 30 N Y 2d 337.) Order affirmed, without costs. Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Simons, JJ., concur. [66 Misc 2d 582.]

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Court of Claims, entered June 21, 1971, which denied the State’s motion to dismiss the claim. On June 12, 1935 claimant was sentenced, following a plea of guilty to the crime of attempted robbery, to a maximum term of imprisonment of five years. On April 17, 1937, following his being diagnosed as mentally ill, he was transferred, pursuant to court order, to Dannemora State Hospital where he remained until 1966. In the spring of 1966 claimant, pursuant to section 72 of the Mental Hygiene Law, was transferred to Central Islip State Hospital and, on May 20, 1966, was granted voluntary hospitalization. On December 1, 1966 an honor card was issued to the claimant which allowed him to visit his relatives. This program proved successful and on May 11, 1967 claimant was discharged. On April 26, 1969 a claim against New York State, based on allegations of false imprisonment and negligence in the diagnosis, treatment and care of the claimant, was filed. The State moved for an [793]*793order dismissing the claim pursuant to section 10 of the Court of Claims Act. The Court of Claims properly denied the motion. (Boland v. State of New York, 30 N Y 2d 337.) Order affirmed, without costs. Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Simons, JJ., concur. [66 Misc 2d 582.]

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 792, 332 N.Y.S.2d 289, 1972 N.Y. App. Div. LEXIS 4568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitello-v-state-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack