Willis v. VonHolden
| Decision Date | 19 January 1979 |
| Citation | 413 N.Y.S.2d 47,67 A.D.2d 810 |
| Parties | In the Matter of Robert W. WILLIS, Respondent-Appellant, v. Martin H. VonHOLDEN, Director of Central New York Psychiatric Center, Robert S. Welton, Deputy Director, Institution Administration for Central New York Psychiatric Center and the New York State Department of Mental Hygiene, Appellants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Louis J. Lefkowitz, Atty. Gen., Albany, by Carl Stephan, for appellants-respondents.
Ralph W. Fusco, Utica, for respondent-appellant.
Before MOULE, J. P., and CARDAMONE, DILLON, HANCOCK and SCHNEPP, JJ.
Respondents' assertion on appeal that the court lacks jurisdiction in this proceeding is without merit. Not only does the answer to the petition admit service upon the Department of Mental Hygiene, but the jurisdictional objection recited in paragraph "SECOND" of the answer relates only to respondents Welton and VonHolden and not to the Department. Moreover, Welton and VonHolden are named in this proceeding only in their representative capacities and not individually (cf. Foster v. McMorran, 33 A.D.2d 978, 307 N.Y.S.2d 291).
We affirm the judgment on the basis that petitioner's resignation was not voluntarily made. It resulted directly from the coercive manner and circumstances in which his interrogation was conducted. Thus viewed, it is unnecessary to address the separate issue of whether the denial of an opportunity to obtain the advice of an attorney constituted a denial of due process.
Finally, petitioner's cross appeal must be dismissed inasmuch as no appeal may be taken from the language of an opinion or decision (CPLR 5701).
Judgment unanimously affirmed with costs to petitioner; cross-appeal dismissed.
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Rychlick v. Coughlin
... ... lengthy questioning, curtailment of physical freedom, or any other oppressive treatment and infringement of rights found critical in Matter of Willis v. Von Holden, 67 A.D.2d 810, 413 N.Y.S.2d 47. It is further noteworthy that petitioner knew of the charges against him three days before the ... ...
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