Di Biase v. Piscitelli

— In a proceeding pursuant to CPLR article 78, the New York State Association for Retarded Children, Inc. (NYSARC) appeals from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Young, J.), dated July 28, 1980, as dismissed its cross claims against respondents New York State Commissioners of the Office of Mental Health (OMH) and of Mental Retardation and Developmental Disabilities (OMRDD). Judgment and order modified, on the law, by deleting the provision dismissing the aforesaid cross claims and by adding a provision thereto declaring that section 41.34 of the…