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HIRSCHFELD v. TELLER

No. 29

14 N.Y.3d 344 (2010)

927 N.E.2d 1042

901 N.Y.S.2d 558

SIDNEY HIRSCHFELD, Director, Mental Hygiene Legal Service, Second Judicial Department, Appellant, v. MITCHELL TELLER, as Administrator of Woodmere Rehabilitation and Health Care Center, Inc., et al., Respondents.

Court of Appeals of New York.

Decided March 30, 2010.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Second Judicial Department, Mineola ( Lisa Volpe , Sidney Hirschfeld and Dennis B. Feld of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, Lake Success ( Sarah C. Lichtenstein of counsel), for respondents.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Beginning as early as 1996, defendants, certain nursing homes in New York State, began accepting as residents patients discharged from facilities licensed by the Office of Mental Health (OMH). The patients were primarily from New York State psychiatric hospitals with diagnoses of mental illness. All but one of defendant nursing homes placed the patients in discrete units of...

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