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NEW YORK COALITION FOR QUALITY ASSISTED LIVING, INC. v. MFY LEGAL SERVICES, INC.

No. 148.

17 N.Y.3d 886 (2011)

2011 NY Slip Op 7301

NEW YORK COALITION FOR QUALITY ASSISTED LIVING, INC., Appellant, v. MFY LEGAL SERVICES, INC., et al., Respondents.

Court of Appeals of New York.

Decided October 20, 2011.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany ( Jane Bello Burke , Jeffrey J. Sherrin and Aaron Mensh of counsel), for appellant.

Dewey & LeBoeuf LLP, New York City ( John M. Aerni and Richard Caplan of counsel), and Debvoise & Plimpton LLP ( Maura K. Monaghan , Maria C. Rivera , Amanda D. Zakowich and Nicholas C. Tompkins of counsel) for respondents.

Wilmer Cutler Pickering Hale & Dorr LLP, New York City ( Michael G. Bongiorno , David F. Olsky and Adriel I. Cepeda Derieux of counsel), for Disability Advocates, Inc. and another, amici curiae.

Greenberg Traurig, LLP, New York City ( William Wargo and Alan Mansfield of counsel), for Center for Constitutional Rights and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur; Judge SMITH dissents in an opinion in which Judge READ concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Plaintiff New York Coalition for Quality Assisted Living, Inc. (NYCQAL) is a not-for-profit association of members who operate adult homes and assisted living facilities that are regulated pursuant to 18 NYCRR parts 485 through 487. As relevant here, 18 NYCRR 485.14 governs visitor access to adult-care facilities, including access by defendants...

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