Opinion
Argued January 12, 1987
Decided February 10, 1987
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Robert Rowe, appellant pro se. Mark F. Dewan and Robert H. Straus for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
In view of the fact that the petitioner was found not guilty by reason of mental disease or defect, as a result of which he is still receiving court-ordered psychiatric care, and the additional fact that the affidavit of his own psychiatrist is not sufficient to raise an issue of fact in support of his mental fitness to practice law, the Appellate Division did not abuse its discretion in denying the application without a hearing.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Order affirmed, without costs, in a memorandum.