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Zubli v. Community Mainstreaming Associates, Inc.

50 N.Y.2d 1024 Court N.Y. Decision date 1980-07-03 English

Contents

Majority

p. 1024
Avi Zubli et al., Appellants, v Community Mainstreaming Associates, Inc., et al., Respondents, et al., Defendant.
Argued June 5, 1980;
decided July 3, 1980
p. 1025
APPEARANCES OF COUNSEL
Solomon H. Friend for appellants.
Seymour H. Kligler, David R. Kay and Asher M. Miller for Community Mainstreaming Associates, Inc., respondent.
Robert Abrams, Attorney-General (William J. Caplow, Shirley Adelson Siegel and Thomas P. Dorsey of counsel), for
p. 1026
Thomas Coughlin, III, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, respondent.
Stephen M. Richardson for Eastern Federal Savings and Loan Association of Sayville, respondent.

OPINION OF THE COURT

Order modified, with costs to defendants-respondents, by declaring section 41.34 of the Mental Hygiene Law constitutional as applied (see Lanza v Wagner, 11 NY2d 317 , 334) and, as so modified, affirmed for reasons stated in the opinion by Mr. Justice Douglas F. Young at Supreme Court, Nassau County ( 102 Misc 2d 320 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Fuchsberg and Meyer. Taking no part: Judge Wachtler.

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