Majority
p. 1022Arlene A. Hughes, as Director of the Mental Hygiene Legal Service of the Fourth Department, on Behalf of John F.,
p. 1023Petitioner, v Thomas A. Maul, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, et al., Respondents. [635 NYS2d 566]
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities that it is in John F.’s best interest to remain a resident at the 508 Church Street Intermediate Care Facility is supported by substantial evidence (see, Matter of Caputo v Webb, 139 AD2d 735 ; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 , 179-181). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wayne County, Strobridge, J.) Present—Pine, J. P., Fallon, Callahan, Davis and Boehm, JJ.
Cases cited
- Caputo v. Webb 139 AD2d 735 p. 1023
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 179-181 p. 1023