Hughes v. Gates

Judgment unanimously reversed on the law without costs, cross motions granted and complaint dismissed. Memorandum: In December 1992 plaintiff commenced this ac*967tion seeking a declaratory judgment and injunctive relief on behalf of Anthony M., a resident of a family care home certified by the New York State Office of Mental Health. The complaint sought a declaration that defendants, by failing to seek a court order for permission to have eye surgery performed on Anthony M., violated various statutory rights of Anthony M. The complaint also sought a permanent injunction requiring defendants to…