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MENTAL HYGIENE SERV. v. CUOMO

195 A.D.2d 189 (1994)

Mental Hygiene Legal Service, on Behalf of Dean DeAngelo and Others, Appellant, v. Mario Cuomo, as Governor of The State of New York, et al., Respondents

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

February 3, 1994

Attorney(s) appearing for the Case

Bruce S. Dix, Mental Hygiene Legal Service, Albany (Sheila E. Shea and Veronica D. Pierce of counsel), for appellant.

G. Oliver Koppell, Attorney-General, Albany (Troy Oechsner of counsel), for respondents.

CARDONA, P. J., MIKOLL, MERCURE and YESAWICH JR., JJ., concur.

CREW III, J.

Plaintiff commenced this action on behalf of seven patients confined at Capital District Psychiatric Center in the City of Albany seeking declaratory and injunctive relief alleging that the patients had been secluded in violation of 14 NYCRR 27.7 (b). That regulation prohibits the seclusion of mentally retarded patients. After defendants answered, plaintiff moved for partial summary judgment. In...

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