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MATTER OF DONNELLY v. STATE OF N.Y. JUSTICE CTR. FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

2017-10324. Index No. 51473/17.

189 A.D.3d 1039 (2020)

137 N.Y.S.3d 62

2020 NY Slip Op 07380

In the Matter of Edward Donnelly, Petitioner, v. State of New York Justice Center for the Protection of People with Special Needs, Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

O'Neil & Burke, LLP, Poughkeepsie, NY ( William T. Burke of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Mark H. Shawhan of counsel), for respondent.

Mastro, J.P., Miller, Maltese and Wooten, JJ., concur.

Adjudged that the petition is granted, on the law, with costs, so much of the determination dated February 22, 2017, as adopted the findings of fact and conclusions of law of the Administrative Law Judge that the petitioner committed category one neglect and category two neglect as defined by Social Services Law § 493(4)(a) and (b) is annulled, and the matter is remitted to the respondent, State of New York Justice Center...

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