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BDS. OF VISITORS v. PREVOST

98 A.D.2d 260 (1983)

In the Matter of Association of Boards of Visitors of New York State Facilities for the Mentally Disabled et al., Appellants, v. James A. Prevost, as Commissioner of The New York State Office of Mental Health, et al., Respondents

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

December 29, 1983

Attorney(s) appearing for the Case

Nesbitt & Nesbitt (John B. Nesbitt of counsel), for appellants.

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

Arlene Hughes for Mental Health Information Service, amicus curiae.

SWEENEY, MIKOLL and LEVINE, JJ., concur with MAHONEY, P. J.; KANE, J., concurs in a separate opinion.

MAHONEY, P. J.

Pursuant to section 7.33 of the Mental Hygiene Law, petitioner Board of Visitors of the Rochester Psychiatric Center was created to oversee the center and to investigate all cases of alleged patient abuse or mistreatment made against the director or any employee (Mental Hygiene Law, § 7.33, subd [h]). The Mental Health Information Service (MHIS) is charged with the protection of mental patients...

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