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MATTER OF RONALD W.

25 A.D.3d 4 (2005)

801 N.Y.S.2d 312

In the Matter of RONALD W., Respondent. NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, Nonparty Appellant.

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

September 27, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Oren L. Zeve and Robert H. Easton of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal and Kristin M. Helmers of counsel), for New York City Administration for Children's Services, respondent.

Steven Banks, The Legal Aid Society, New York City (Karen Fisher Gutheil and Carol Fegan of counsel), Law Guardian.

BUCKLEY, P.J., ANDRIAS, SAXE and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

This appeal presents the issue of whether the Family Court has the power to direct the State Office of Mental Retardation and Developmental Disabilities (State OMRDD), to reevaluate Ronald W. and place him in one of its facilities.

FACTS

Ronald W., the subject of this proceeding, was born on November 28, 1984. He is now 20 years old, is mentally...

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