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MATTER OF SILBERMAN v. NEW YORK STATE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

302 A.D.2d 599 (2003)

755 N.Y.S.2d 638

In the Matter of IRWIN SILBERMAN, Petitioner, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES et al., Respondents.

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

Decided February 24, 2003.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.

The determination of the respondent Commissioner of the New York State Office of Mental Retardation & Development Disabilities is supported by substantial evidence and was not arbitrary and capricious (see Mental Hygiene Law § 41.34 [c] [5]; Matter of Jennings v New...

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