Board of Visitors - Marcy Psychiatric Center v. Coughlin

OPINION OF THE COURT

John R. Tenney, J.

Plaintiffs have brought this action to permanently enjoin the defendants from converting a substantial portion of the Marcy Psychiatric Center, a mental health facility, into a medium security prison under the Department of Correctional Services (DOCS). There are various plaintiffs including the board of visitors in its official capacity, its members in their individual capacities and a parent and other relatives of patients. Since the board of visitors as a body lacks the capacity to sue in this action (Matter of Pooler v Public Serv. Comm., 58 AD2d 940,…