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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