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McWILLIAMS v. CATHOLIC DIOCESE OF ROCHESTER

145 A.D.2d 904 (1988)

Edward P. McWilliams et al., Individually and as Guardians of Mary J. McWilliams, a Mentally Retarded Person, Appellants-Respondents, v. Catholic Diocese of Rochester et al., Respondents-Appellants

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

December 23, 1988

Order unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action on behalf of their mentally retarded daughter Mary Jean. The complaint alleges that Mary Jean was mistreated while residing in a community residence for the mentally retarded operated by defendant Catholic Diocese of Rochester and that she was improperly discharged from the residence. Plaintiffs seek both compensatory and punitive damages.

Defendants moved to dismiss...

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