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MENTAL HYGIENE SERV. v. NYS.

8298-10.

32 Misc.3d 256 (2011)

921 N.Y.S.2d 505

2011 NY Slip Op 21152

MENTAL HYGIENE LEGAL SERVICE, THIRD JUDICIAL DEPARTMENT, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Defendant.

Supreme Court, Albany County.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Kelly L. Munkwitz of counsel), for defendant.

Mental Hygiene Legal Service, Albany ( David M. LeVine of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

Plaintiff, Mental Hygiene Legal Service (MHLS), commenced this action with the filing of a summons and complaint on December 14, 2010, seeking both declaratory and injunctive relief concerning defendant's asserted noncompliance with the notice provisions of Mental Hygiene Law § 10.05 (b). By notice of motion filed January 26, 2011, returnable February 23, 2011, defendant...

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