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STATE OF NY v. DANIEL OO.

510835.

88 A.D.3d 212 (2011)

928 N.Y.S.2d 787

2011 NY Slip Op 6196

In the Matter of STATE OF NEW YORK, Appellant, v. DANIEL OO., Respondent.

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

Decided August 11, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Zainab A. Chaudhry of counsel), for appellant.

Sheila Shea , Mental Hygiene Legal Service, Albany ( David M. LeVine of counsel), for respondent.

PETERS, MALONE Jr., KAVANAGH and STEIN, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

Respondent is developmentally disabled and has a lengthy history of aggressive behavior that has required his placement in residential facilities for prolonged periods of time since the 1980s. In 1998, he was permanently admitted to the autism unit at a facility operated by the Office for People with Developmental Disabilities (hereinafter OPWDD). Respondent remained there until his violent aggression and destructive

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