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JENNINGS v. MENTAL HEALTH OFF

220 A.D.2d 148 (1996)

644 N.Y.S.2d 844

In the Matter of Gerald D. Jennings, as Mayor of The City of Albany, Petitioner, v. New York State Office of Mental Health et al., Respondents

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

June 27, 1996

Attorney(s) appearing for the Case

Vincent J. McArdle, Jr., Corporation Counsel of City of Albany (Thomas A. Shepardson of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, Albany (Patrick Barnett-Mulligan of counsel), for New York State Office of Mental Health, respondent.

Stein & Schonfeld, Garden City, New Jersey (Robert Schonfeld of counsel), for Rehabilitation Support Services, Inc., respondent.

CARDONA, P. J., CASEY, PETERS and SPAIN, JJ., concur.

WHITE, J.

In December 1994, respondent Rehabilitation Support Services Inc. (hereinafter RSS) notified petitioner of its intent, pursuant to Mental Hygiene Law § 41.34, to establish a supervised community residence at 117 South Lake Avenue in the City of Albany for 10 individuals with mental illness. Subsequently, petitioner, pursuant to Mental Hygiene Law § 41.34 (c), objected to the siting of a community...

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