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  5. 62 N.Y.2d 921 (1984)
 

MATTER OF BEZIO v. NEW YORK STATE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

62 N.Y.2d 921 (1984)

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

Court of Appeals of the State of New York.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Bruce S. Dix, James T. Donnelly, David M. LeVine and Michael F. O'Brien for appellants.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition should be reinstated, without prejudice to an application for permission to replead.

We agree with the Appellate Division's conclusion that section 15.23 of the Mental Hygiene Law is concerned with the suitability of the individual to remain in the status of a voluntary resident, rather than the suitability or appropriateness...

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