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MATTER OF BRENT v. HOCH

25 Misc.2d 1062 (1960)

In the Matter of Albert Brent, as Chairman of the Citizens Planning Council of Huntington, et al., Petitioners, v. Paul H. Hoch, as Commissioner of Mental Hygiene of the State of New York, Respondent.

Supreme Court, Special Term, Suffolk County.

September 8, 1960.

Attorney(s) appearing for the Case

Aileen Haas Schwartz and Bernard Schwartz for petitioners. Louis J. Lefkowitz, Attorney-General (Irving Galt, George C. Mantzoros and Norman Friedman of counsel), for respondent.

MARIO PITTONI, J.

The petitioners have brought this proceeding under article 78 of the Civil Practice Act for a review of the action of the State Commissioner of Mental Hygiene in acquiring approximately 500 acres of land as a site for a school for retarded children, pursuant to subdivision 1 of section 46 of the Mental Hygiene Law, and to annul his determination. The Commissioner moves to dismiss the petition...

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