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ALBANY LAW v. NYS OMRDD

No. 65.

19 N.Y.3d 106 (2012)

968 N.E.2d 967

945 N.Y.S.2d 613

2012 NY Slip Op 3227

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

Court of Appeals of New York.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino , Barbara D. Underwood , Andrea Oser and Nancy A. Spiegel of counsel), for appellants-respondents.

Disability Advocates, Inc., Albany ( Jennifer J. Monthie , Timothy A. Clune and Cliff Zucker of counsel), Patterson Belknap Webb & Tyler LLP, New York City ( Christopher Jackson of counsel), and Albany Law School Civil Rights & Disabilities Law Clinic, Albany ( Bridgit Burke of counsel), for respondents-appellants.

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

Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Fraser L. Hunter, Jr. , David F. Olsky and Edward Sherwin of counsel), for National Disability Rights Network and others, amici curiae.

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

OPINION OF THE COURT

GRAFFEO, J.

Petitioners Albany Law School and Disability Advocates, Inc. provide protection and advocacy services to individuals with developmental disabilities pursuant to contracts with the New York State Commission on Quality of Care and Advocacy for Persons with Disabilities, an agency that oversees New York's protection and advocacy system. After receiving a complaint regarding the...

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