Opinion
Argued April 29, 1976
Decided June 2, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL BECKER, J.
Bernard Meyerson and George V. O'Haire for appellant.
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed. Appellant failed to establish, as is necessary for a recovery, that he was sane at the time of his original commitment to Dannemora State Hospital or that he recovered his sanity at any time during his subsequent 29-year stay. (Dennison v State of New York, 28 A.D.2d 608, affd 23 N.Y.2d 996, cert den 397 U.S. 923.) While not dispositive, it is significant to note that during the period in question appellant's sanity was subject to judicial review on at least eight separate occasions. Each time his commitment to Dannemora State Hospital was sustained.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.