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MATTER OF CITY OF MOUNT VERNON v. OMRDD

56 A.D.3d 771 (2008)

In the Matter of CITY OF MOUNT VERNON, Petitioner, v. OMRDD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 2008.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the contention of the State of New York Office of Mental Retardation and Developmental Disabilities (hereinafter OMRDD), the instant proceeding is not barred by the 30-day statute of limitations provided in Mental Hygiene Law § 41.34 (d). The critical date for determining when Mount Vernon's time to commence this proceeding...

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