Town of Oyster Bay v. State

In an action for declaratory and injunctive relief, plaintiff appeals from an order of the Supreme Court, Nassau County (Balletta, J.), dated December 18, 1984, which granted the motions of defendants State of New York Office of Mental Retardation and Developmental Disabilities (OMRDD), Nassau Center for the Developmentally Disabled, Inc. (Center), and Dr. Benjamin Hirsch to dismiss the amended complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Order affirmed, with costs to respondent OMRDD payable by appellant.

*537By letter dated April 23, 1984, the Center notified…