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MEHTA v. SURLES

No. 767, Docket 89-7965.

905 F.2d 595 (1990)

Dinesh MEHTA and Pravina Mehta, Plaintiffs-Appellants, v. Richard C. SURLES, as Commissioner of the Office of Mental Health of the State of New York; The State of New York; and Futura House Foundation, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Ronald J. Koerner, Rose & Koerner, Brooklyn, N.Y., for appellants.

Yolanda M. Pizarro, Robert L. Schonfeld, Asst. Attys. Gen. for the State of N.Y., for appellees Surles and State of N.Y.

William Maker, Jr., Campbell, McMillan, Bosco, Penzel, Danzig & Maker, New Rochelle, N.Y., for appellee Futura House Found., Inc.

Before OAKES, Chief Judge, KEARSE, Circuit Judge, and FLETCHER, Circuit Judge.

PER CURIAM:

FACTS AND PRIOR PROCEEDINGS

Appellants Dinesh and Pravina Mehta own a house on 367 Old Army Road in the town of Greenburgh, New York. They bought the house in 1979. In 1988 their former next-door neighbors, the Kims, who resided at 371 Old Army Road, sold their house to appellee Futura House for use as a "community residence" to care for as many as ten mentally ill adults. According to the Mehtas' affidavits, which we must accept as true on this...

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