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MATTER OF PREECE v. NEW YORK STATE JUSTICE CTR. FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

527995.

176 A.D.3d 1365 (2019)

112 N.Y.S.3d 784

2019 NY Slip Op 07469

In the Matter of Kirsten Preece, Petitioner, v. New York State Justice Center for the Protection of People with Special Needs et al., Respondents.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany ( Danielle E. Holley of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Jennifer L. Clark of counsel), for respondents.

Garry, P.J., Egan Jr. and Pritzker, JJ., concur.

Petitioner is a case manager at Fawn Ridge Senior Living, an adult home licensed by the Department of Health (hereinafter DOH) to provide long-term residential care to certain adults. Relevant to this proceeding, a resident (hereinafter the service recipient) returned to the facility from a post-surgical

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