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Matter of Wade v. Dept. of Mental Hygiene of State

Court of Appeals of the State of New York
Apr 22, 1980
406 N.E.2d 800 (N.Y. 1980)

Summary

In Matter of Wade v Department of Mental Hygiene of State of N.Y. (49 N.Y.2d 947 [April 22, 1980]) we held that Supreme Court had no authority to direct expunction of the records of the Department of Mental Hygiene because of lack of statutory authorization to do so.

Summary of this case from Matter of Todd

Opinion

Argued March 20, 1980

Decided April 22, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES GOWAN, J.

Christopher A. Hansen, Robert M. Levy and Leo P. Davis for appellant.

Robert Abrams, Attorney-General (Thomas P. Dorsey, Shirley Adelson Siegel and Robert L. Schonfeld of counsel), for respondents.


Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 71 A.D.2d 628; see, also, Matter of Dorothy D., 49 N.Y.2d 212).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Matter of Wade v. Dept. of Mental Hygiene of State

Court of Appeals of the State of New York
Apr 22, 1980
406 N.E.2d 800 (N.Y. 1980)

In Matter of Wade v Department of Mental Hygiene of State of N.Y. (49 N.Y.2d 947 [April 22, 1980]) we held that Supreme Court had no authority to direct expunction of the records of the Department of Mental Hygiene because of lack of statutory authorization to do so.

Summary of this case from Matter of Todd

In Wade, the court denied the petitioner's application to expunge psychiatric records pertaining to an involuntary commitment obtained under a falsified certificate, citing Palmer as its authority for holding that it lacked authority to order expungement.

Summary of this case from Smith v. Butler Hosp
Case details for

Matter of Wade v. Dept. of Mental Hygiene of State

Case Details

Full title:In the Matter of DONALD V. WADE, Appellant, v. DEPARTMENT OF MENTAL…

Court:Court of Appeals of the State of New York

Date published: Apr 22, 1980

Citations

406 N.E.2d 800 (N.Y. 1980)
406 N.E.2d 800
428 N.Y.S.2d 945

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Smith v. Butler Hosp

Not only could these records be disclosed without the patient's knowledge or consent, but once released,…

Matter of Todd

We recognized, however, that "the court's inherent power over its own records does not extend to the records…