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MATTER OF TRANSITIONAL SERVICES OF NEW YORK FOR LONG ISLAND, INC. v. NEW YORK STATE OFFICE OF MENTAL HEALTH

13 N.Y.3d 801 (2009)

In the Matter of TRANSITIONAL SERVICES OF NEW YORK FOR LONG ISLAND, INC., Respondent-Appellant, v. NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Appellants-Respondents.

Court of Appeals of New York.

Decided October 15, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Benjamin N. Gutman, Barbara D. Underwood and Carol Fischer of counsel), for appellants-respondents.

Garfunkel, Wild & Travis, P.C., Great Neck (Roy W. Breitenbach of counsel), and Law Office of Bruno La Spina, Brentwood, for respondent-appellant.

Manatt, Phelps & Phillips, LLP, Albany (James W. Lytle of counsel), for Association for Community Living, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition, insofar as it seeks to annul the determination of the New York State Office of Mental Health dated April 19, 2004, dismissed.

Transitional Services of New York for Long Island, Inc. (TSLI) is a private not-for-profit entity that provides housing and care to individuals with mental illness. Pursuant to statute...

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