Opinion
Argued February 16, 1977
Decided March 29, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DE FOREST C. PITT, J.
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 N.Y.2d 234; Whalen v Roe, 429 U.S. 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.