Wade v. Department of Mental Hygiene

Appellate Division of the Supreme Court of New York

Wade v. Department of Mental Hygiene

71 A.D.2d 628, 418 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 12843

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

DecidedJuly 9, 1979

StatusPublished

This text of 71 A.D.2d 628 (Wade v. Department of Mental Hygiene) 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

Wade v. Department of Mental Hygiene, 71 A.D.2d 628, 418 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 12843 (N.Y. Ct. App. 1979).

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Opinion

—In a proceeding pursuant to CPLR article 78 to compel the appellants to expunge all references to the petitioner’s commitment in the Central Islip Psychiatric Center from appellants’ records, the appeal is from a judgment of the Supreme Court, Suffolk County, dated October 2, 1978, which granted the petition. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding dismissed on the merits. Special Term was not authorized to expunge any records as to petitioner’s certification of mental illness and commitment. "Expungement of records generally is a matter of legislative concern, and no statute provides for the expungement sought (see Matter of Richard S. v City of New York, 32 NY2d 592, 595-596; cf. Matter of Moleneux v Collins, 177 NY 395, 398-399). Instead, the Legislature has provided for sealing of records to protect patients from undue publication of certification and commitment (Mental Hygiene Law, § 15.31, subd [f])” (see Palmer v New York State Dept, of Mental Hygiene, 44 NY2d 958, 960). Hopkins, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to compel the appellants to expunge all references to the petitioner’s commitment in the Central Islip Psychiatric Center from appellants’ records, the appeal is from a judgment of the Supreme Court, Suffolk County, dated October 2, 1978, which granted the petition. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding dismissed on the merits. Special Term was not authorized to expunge any records as to petitioner’s certification of mental illness and commitment. "Expungement of records generally is a matter of legislative concern, and no statute provides for the expungement sought (see Matter of Richard S. v City of New York, 32 NY2d 592, 595-596; cf. Matter of Moleneux v Collins, 177 NY 395, 398-399). Instead, the Legislature has provided for sealing of records to protect patients from undue publication of certification and commitment (Mental Hygiene Law, § 15.31, subd [f])” (see Palmer v New York State Dept, of Mental Hygiene, 44 NY2d 958, 960). Hopkins, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

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Bluebook (online)

71 A.D.2d 628, 418 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 12843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-department-of-mental-hygiene-nyappdiv-1979.

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