MATTER OF DI BIASE v. PISCITELLI


87 A.D.2d 611 (1982)

In the Matter of Anthony T. Di Biase et al., Petitioners, v. Dominic J. Piscitelli, as Mayor and Chairman of The Board of Trustees of the Village of Westbury, et al., Respondents; James E. Introne, Commissioner of The State of New York Office of Mental Retardation, et al., Respondents-Respondents, and New York State Association for Retarded Children, Inc., Appellant

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

March 15, 1982


Judgment and order modified, on the law, by deleting the provision dismissing the aforesaid cross claims and by adding a provision thereto declaring that section 41.34 of the Mental Hygiene Law is constitutional as herein applied. As so modified, order and judgment affirmed insofar as appealed from, without costs or disbursements.

Within the instant article 78 proceeding, NYSARC cross-claimed against the Commissioners of OMH and OMRDD for a judgment declaring section...

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