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WOE v. CUOMO

No. 75 CV 1029 (ERN).

559 F.Supp. 1158 (1983)

Walter WOE, By his mother and guardian, Wilma WOE, on behalf of themselves and all others similarly situated, Plaintiffs, v. Mario CUOMO, individually and as Governor of the State of New York; William Morris, individually and as Acting Commissioner of the Department of Mental Hygiene of the State of New York; Louis Smith, individually and as Director of Kingsboro Psychiatric Center, Defendants.

United States District Court, E.D. New York.

March 16, 1983.

Attorney(s) appearing for the Case

Morton Birnbaum, Brooklyn, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen., State of N.Y. by Caren S. Brutten, William J. Caplow, Asst. Attys. Gen., New York City (New York State Office of Mental Health, New York City by John Petrila, and Seth Abrams, New York City, of counsel), for defendants.

NEAHER, District Judge.

This motion for summary judgment in the class action centers essentially on a single issue: whether a State mental hospital which is accredited by the Joint Commission on Accreditation of Hospitals ("JCAH") is necessarily in compliance with due process requirements.1 In addition to resolving that issue, however, a myriad of other outstanding procedural and substantive matters pending in this needlessly complex seven...

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