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T.D. v. OFF. OF MENTAL HEALTH

228 A.D.2d 95 (1996)

650 N.Y.S.2d 173

T.D. et al., Respondents-Appellants, v. New York State Office of Mental Health et al., Appellants-Respondents

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

December 5, 1996

Attorney(s) appearing for the Case

Ruth Lowenkron and Cliff Zucker of counsel (New York Lawyers for the Public Interest, Inc., Disability Advocates, Inc., and Mental Hygiene Legal Service, First Department, attorneys), for respondents-appellants.

Arnold D. Fleischer of counsel (Robert A. Forte on the brief; Dennis C. Vacco, Attorney-General, attorney), for appellants-respondents.

Robin E. Jacobsohn of counsel (The Bazelon Center for Mental Health Law, and Williams & Connolly, attorneys), for The Bazelon Center for Mental Health Law and others, amici curiae.

Kimberly C. Lawrence of counsel (Hinman, Straub, Pigors & Manning, P. C., attorneys), for Associated Medical Schools of New York, amicus curiae.

Robert L. Schonfeld of counsel (Stein & Schonfeld, attorneys), for New York State Psychiatric Association, Inc. and another, amici curiae.

MILONAS, J. P., ELLERIN, RUBIN and NARDELLI, JJ., concur.

ROSS, J.

The issues presented for determination in this matter concern the validity of regulations promulgated by the defendant New York State Office of Mental Health (OMH) codified at 14 NYCRR 527.10. The regulations, promulgated on November 7, 1990, state that their purpose is to "seek to ensure the protection of patients who participate in research while, at the same time, facilitating research into the very...

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