Hughes v. Maul

221 A.D.2d 1022, 635 N.Y.S.2d 566, 1995 N.Y. App. Div. LEXIS 13580

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 15, 1995
• Status: Published

Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities that it is in John F.’s best interest to remain a resident at the 508 Church Street Intermediate Care Facility is supported by substantial evidence (see, Matter of Caputo v Webb, 139 AD2d 735; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179-181). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wayne County, Strobridge, J.) Present—Pine, J. P., Fallon, Callahan, Davis and Boehm, JJ.