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MTR BEZIO v. MENTAL DEV.

95 A.D.2d 135 (1983)

In the Matter of David Bezio et al., Respondents, v. New York State Office of Mental Retardation and Developmental Disabilities, Appellant

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

August 4, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and William J. Kogan of counsel), for appellant.

Michael O'Brien for Mental Health Information Service, respondent.

WEISS and LEVINE, JJ., concur with MAHONEY, P. J.; SWEENEY and KANE, JJ., dissent and vote to modify in an opinion by KANE, J.

MAHONEY, P. J.

This proceeding was commenced by the Mental Health Information Service (MHIS) on behalf of six individual petitioners who are voluntarily admitted residents of the Oswald D. Heck Developmental Center of the Office of Mental Retardation and Developmental Disabilities. It is brought pursuant to the provisions of subdivision (a) of section 15.23 of the Mental Hygiene Law which directs MHIS, under...

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