St. Agatha's Children's Home, Inc. v. Webb

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, dated May 23, 1986, which, after a hearing, denied the petitioner’s application to discharge James Boyle as a resident in its facility.

Adjudged that the petition is granted, the Commissioner’s determination is annulled, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the determination of the Hearing Officer is reinstated and confirmed, and the application…