MATTER OF SHANNON v. INTRONE


53 N.Y.2d 929 (1981)

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 Retardation and Developmental Disabilities, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 14, 1981.


Attorney(s) appearing for the Case

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.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


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...

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