State v. Mersack

—Crew III, J.

Appeal from an order of the Supreme Court (Cardona, J.), entered November 5, 1992 in Albany County, which, inter alia, partially granted plaintiff’s motion for summary judgment.

Defendants are the parents of Jerome P. Mersack, a mentally retarded adult. At all times relevant hereto, Mersack was a resident of Long Island Developmental Center, which is *900part of the State Office of Mental Retardation and Developmental Disabilities. By order of the Surrogate’s Court of Nassau County dated August 1, 1988, defendants were appointed Mersack’s guardians and, in that capacity, hold…