Savastano v. Sundram

OPINION OF THE COURT

Sondra Miller, J.

Petitioner, Mental Health Legal Services, seeks an order restraining the Commission on Quality Care for the Mentally Disabled from authorizing the operation of surrogate decision-making panels with less than four panel members. Respondent cross-moves for an order dismissing the proceeding for failure to state a cause of action. The petition granted and cross motion denied.

The Commission on Quality Care for the Mentally Disabled is a State agency within the Executive Department. (Mental Hygiene Law § 45.03 [a].) It is a permanent agency responsible *24for (a)…