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MATTER OF FORD v. CSEA

94 A.D.2d 262 (1983)

In the Matter of Michael Ford, as Director of Manhattan Psychiatric Center, Appellant, v. Civil Service Employees Association, Inc., et al., Respondents

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

June 28, 1983

Attorney(s) appearing for the Case

Robert L. Schonfeld of counsel (Thomas P. Dorsey and Arlene R. Silverman with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Michael J. Smith of counsel (Roemer & Featherstonhaugh, attorneys), for respondents.

Peter Margulies of counsel (Ronald N. Gottlieb, attorney), for Mental Health Information Service, First Judicial Department, amicus curiae.

Nesbitt & Nesbitt for the Association of Boards of Visitors of New York State Facilities for the Mentally Disabled, amicus curiae.

ASCH, BLOOM, FEIN and ALEXANDER, JJ., concur.

CARRO, J.

The issue here is a very narrow one but its implications reflect glaringly on the spectrum of situations in which the State of New York takes on responsibility to protect and care for individuals, particularly those who lack capacity. In this light, we find the fiduciary nature of the State's role as guardian to be inviolate as a matter of public policy, such that neither the State itself nor any individual...

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