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JENNINGS v. MENTAL HEALTH OFF

90 N.Y.2d 227 (1997)

682 N.E.2d 953

660 N.Y.S.2d 352

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

Court of Appeals of the State of New York.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Patrick Barnett-Mulligan, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Office of Mental Health and another, appellants.

Stein & Schonfeld, Garden City (Robert L. Schonfeld, Seth P. Stein and Beth Pepper of counsel), for Rehabilitation Support Services, Inc., appellant.

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

Lydia R. Marola, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Simeon Goldman, Albany, for Disability Advocates, Inc., amicus curiae.

Chadbourne & Parke, L. L. P., New York City (Thomas E. Riley and Steven L. Vollins of counsel), for Planned Community Living, Inc., amicus curiae.

Douglas A. Eldridge, Albany, for New York State Rehabilitation Association, Inc., amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

New York State policy has long favored the establishment of residential housing facilities to deinstitutionalize the treatment of mentally disabled persons. However, some residents of the Pine Hills community in the City of Albany (the City) believed that their neighborhood was already overcrowded with such facilities. The present dispute arose when the City...

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