Mental Hygiene Legal Service ex rel. DeAngelo v. Cuomo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Crew III, J.
Plaintiff commenced this action on behalf of seven patients confined at Capital District Psychiatric Center in the City of Albany seeking declaratory and injunctive relief alleging that the patients had been secluded in violation of 14 NYCRR 27.7 (b). That regulation prohibits the seclusion of mentally retarded patients. After defendants answered, plaintiff moved for partial summary judgment. In response, defendants submitted evidence demonstrating that the patients had been diagnosed as suffering from both mental retardation and mental illness, together with…
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