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MATTER OF RYE PSYCHIATRIC HOSPITAL CENTER, INC. v. NEW YORK STATE OFFICE OF MENTAL HEALTH

65 A.D.3d 689 (2009)

In the Matter of RYE PSYCHIATRIC HOSPITAL CENTER, INC., et al., Appellants, v. NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Respondents.

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

Decided August 25, 2009.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioners' contention, the general policy of the respondent New York State Office of Mental Health (hereinafter OMH) mandating separate housing and therapy services for minor and adult patients was not an inflexible rule removing that agency's discretion, and so OMH was not obligated to follow the rule-making procedure set forth in the State Administrative Procedure...

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