Opinion

MATTER OF O'GARRO v. New York State Dep't of Mental Hygiene

414 N.Y.S.2d 515 · New York Court of Appeals · Feb 6, 1979

Full text

In the Matter of Thomas O’Garro, Appellant, v. New York State Department of Mental Hygiene Et Al., Respondents

*855 OPINION OF THE COURT Order reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice Francis T. Murphy, Jr., at the Appellate Division (60 AD2d 546-547), and the matter converted to a plenary action and remitted to Supreme Court, Bronx County, for further proceedings (CPLR 103, subd [c]). Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.