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SEMPLE v. MILLER

38 A.D.2d 174 (1972)

William J. Semple, Sr., et al., Individually and on Behalf of All Similarly Situated Parents, Guardians and Relatives of Residents at Sampson State School, Appellants, v. Alan D. Miller, Individually and as Commissioner of Mental Hygiene, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 20, 1972.

Attorney(s) appearing for the Case

O'Connor & McHugh (Matthew F. McHugh of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Kogan, Ruth Kessler Toch and Jack W. Hoffman of counsel), for respondents.

DEL VECCHIO, J. P., WITMER, GABRIELLI, CARDAMONE and HENRY, JJ. concur.

Per Curiam.

Following a 34 million dollar reduction in his departmental budget, respondent State Commissioner of Mental Hygiene (hereinafter respondent) directed that the Sampson State School at Willard, New York, be closed. The school was established in 1958 as an annex to Willard State Hospital. In 1968 it was made a State school within the Department of Mental Hygiene, and has been maintained since that time as an institution for mentally retarded persons...

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