Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioner has been an involuntary patient at the Mohawk Valley Psychiatric Center (MVPC) since 1984, and presently resides in a ward in the Continuing Care Unit. Prior to September 1991, petitioner's ward had a designated smoking area. In September 1991, smoking restrictions were gradually initiated on a facility-wide basis and, in January 1992, a...
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