Theodore Q v. Mark W. R
Opinion of the Court
Appeal from an order of the County Court of Madison County, entered December 4, 1975, which declared appellant a drug dependent person within the meaning of article 81 of the Mental Hygiene Law, and certified him to the care and custody of the Drug Abuse Control Commission. Appellant contends that the State’s failure to appear in the proceeding renders the entire proceeding a nullity. Additionally he argues that he should be released from the custody of the Drug Abuse Control Commission for the reason that the record of the proceedings below does not contain the report of the medical examination of appellant, as required by subdivision (f) of section 81.13 of the Mental Hygiene Law. The requirements of the statute that the State shall be a party in all such proceedings and shall act on the relation of the petitioner, and additionally, that the Attorney-General shall represent the State (Mental Hygiene Law, § 81.13, subd [b], par 1), were enacted in the State’s interest so that only properly certified drug addicts would be accepted for treatment and rehabili
Case-law data current through December 31, 2025. Source: CourtListener bulk data.