Majority
p. 946Edward A. Volkman et al., Appellants, v Alan Miller, as Commissioner of the Department of Mental Hygiene of the State of New York, et al., Respondents. Argued February 16, 1977; decided March 29, 1977
p. 947
Christopher A. Hansen and Bruce J. Ennis for appellants.
Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), for respondents.
Memorandum. Prima facie the State has the power to provide a central facility for the storage and retrieval of statistics involving inpatients or outpatients of institutions and facilities owned or operated by the State. On this record there has been no showing that any supervening right has been invaded. (Cf. Matter of Schulman v New York City Health & Hosps. Corp., 38 NY2d 234 ; Whalen v Roe, 429 US 589 .)
Accordingly, the order of the Appellate Division is affirmed, with costs.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.
Cases cited
- Schulman v. New York City Health & Hospitals Corp. 38 NY2d 234 p. 947
- Whalen v. Roe 429 US 589 p. 947