Smart v. Francis — 35 N.Y.2d 872

Majority

p. 872

In the Matter of Roger G. Smart, Respondent, v. Richard L. Francis, as Director of Sunmount State School, New York State Department of Mental Hygiene, Appellant.

Argued November 14, 1974;

decided December 18, 1974.

p. 874

Louis J. LefJcowits, Attorney-General (Winifred G. Stanley and Ruth Kessler Toch of counsel), for appellant.

John L. Bell for respondent.

Order reversed, without costs, and the determination of respondent Director of Sunmount State School reinstated on the dissenting memorandum by Mr. Justice Louis M. Greenblott at the Appellate Division. (See, also, Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1, 34 N Y 2d 222 , 232, 233-234, 241.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Waohtler, Babin and Stevens.

Cases cited

Pell v. Board of Education 34 N Y 2d 222 N.Y. 1974-05-15 at 232, 233-234, 241 p. 874