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MATTER OF ALBANY LAW SCHOOL v. NEW YORK

510422.

81 A.D.3d 145 (2011)

915 N.Y.S.2d 747

In the Matter of ALBANY LAW SCHOOL et al., Appellants, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 27, 2011.

Attorney(s) appearing for the Case

Jennifer J. Monthie , Disability Advocates, Inc., Albany, Bridgit Burke , Civil Rights & Disabilities Law Clinic, Albany, and Patterson, Belknap, Webb & Tyler, New York City ( Christopher Jackson of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany (Victor Paladino of counsel), for respondents.

Paul R. Kietzman , NYSARC, Inc., Delmar, for NYSARC, Inc., amicus curiae.

PETERS, J.P., SPAIN and EGAN JR., JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

Petitioners provide protection and advocacy services to individuals with developmental disabilities pursuant to contracts they entered into with the State Commission on Quality of Care and Advocacy for Persons with Disabilities (hereinafter the Commission), an agency that monitors and oversees the statewide protection and advocacy system (see Mental Hygiene Law § 45.07). During an investigation into the discharge...

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