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MATTER OF KENNEDY v. STATE OF NEW YORK JUSTICE CENTER

2019-08736, Index No. 509009/19.

2022 NY Slip Op 02264

IN THE MATTER OF GEORGE KENNEDY, 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 April 6, 2022.

Attorney(s) appearing for the Case

Voute, Lohrfink, Margo & McAndrew, LLP, White Plains, NY ( Jonathan Weinstein of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and Joshua M. Parker of counsel), for respondent.

Before: Mark C. Dillon, J.P., Colleen D. Duffy, Linda Christopher, Paul Wooten, JJ.

Proceeding pursuant to CPLR article 78 to review a determination of Elizabeth M. Devane, Administrative Law Judge of the Administrative Hearings Unit of the State of New York Justice Center for the Protection of People with Special Needs, dated January 4, 2019. The determination adopted the findings of fact and conclusions of law of an Administrative Law Judge dated December 26, 2018, made after a hearing, that the petitioner committed category three neglect as defined by...

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