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ROTENBERG EDUC. CTR. v. MAUL

91 N.Y.2d 298 (1998)

693 N.E.2d 200

670 N.Y.S.2d 173

In the Matter of Judge Rotenberg Educational Center, Appellant, v. Thomas A. Maul, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 31, 1998.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany (Peter Danziger, Pamela A. Nichols and Seth F. Eisenberg of counsel), for appellant.

Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (Ellen B. Fishman, Leonard Koerner and Bruce Rosenbaum of counsel), for Marva L. Hammons and another, respondents.

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

WESLEY, J.

The issue on this appeal is whether Social Services Law § 466 prohibits the City of New York from withdrawing from the State's transitional care funding program. We conclude that the City's participation in the transitional care funding program is voluntary, and therefore it is not prohibited from withdrawing from the program.

Petitioner, Judge...

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