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RUBENSTEIN v. BENEDICTINE HOSP.

No. 92-CV-1046.

790 F.Supp. 396 (1992)

Jane RUBENSTEIN, and Mary Ann Bagatta, Individually, and on Behalf of all Others Similarly Situated, and Disability Advocates, Inc., as the Protection and Advocacy Agency for Mentally Ill Individuals in the Hudson Valley Region of New York State, Plaintiffs, v. BENEDICTINE HOSPITAL, Dr. George Joseph, Dr. K. Gulati, and Unidentified Staff Physician, Defendants.

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

April 7, 1992.

Attorney(s) appearing for the Case

Disabilities Advocates, Inc., Albany, N.Y. (Cailie Currin and Timothy A. Clune, of counsel), for plaintiffs.

Thuillez, Ford Law Firm, Albany, N.Y. (Michael J. Hutter, Jr., of counsel), for defendant, Benedictine Hosp.

Martin, Clearwater Law Firm, New York City (Anthony M. Sola, of counsel), for defendant, Dr. George Joseph.

Nixon, Hargrave, Devans & Doyle, Albany, N.Y. (Andrew C. Rose, of counsel), for defendant, Dr. Kulbhushan Gulati.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

This action involves the involuntary commitment of the two individual plaintiffs and, ostensibly, of the members of the would-be class of plaintiffs. Plaintiffs Rubenstein and Bagatta are individuals who, by different means, arrived, on different dates, at the emergency room of defendant Benedictine Hospital, a private "hospital" as that term is defined in Article 28 of the New York Public Health Law...

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