Shannon v. Introne — 53 N.Y.2d 929

Majority

p. 929

In the Matter of Michael G. Shannon et al., Appellants, and Dongan Hills United Civic Association, Intervenor-Petitioner, v James E. Introne, as Acting Commissioner of the New York State Office of Mental

p. 930

Retardation and Developmental Disabilities, et al., Respondents.

Decided May 14, 1981

p. 931

APPEARANCES OF COUNSEL

Michael G. Shannon, appellant pro se, and for Karen S. Shannon, appellant.

Robert Abrams, Attorney-General (Robert Schonfeld of counsel), for respondents.

Elias R. Marino for intervenor-petitioner.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. The Legislature clearly and unambiguously limited the application of section 41.34 of the Mental Hygiene Law to community residential facilities for “four to fourteen mentally disabled persons.” Inasmuch as the facility proposed in this case will contain only three persons, it does not fall within the scope of section 41.34. We have examined petitioners’ other contentions and find them to be without merit.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.