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ACEVEDO v. EPISCOPAL SOCIAL SERVICES OF NEW YORK, INC.

109659/10, 590931/10, 7004, 7003, 7002, 7001,

162 A.D.3d 596 (2018)

81 N.Y.S.3d 12

2018 NY Slip Op 04832

Yvette Acevedo, Appellant, v. Episcopal Social Services of New York, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided June 28, 2018.

Plaintiff is the legal guardian of his daughter, Yvette Acevedo, who is 51 years old, legally blind and only minimally verbal, has an IQ of 22 and the functional level of a two-year-old, and lacks the mental or legal capacity to consent to sexual intercourse. Since 1977, Yvette has resided at a group home operated by defendant Episcopal Social Services of New York, Inc. (ESS). From 1989 to 1993, Yvette also attended a day rehabilitation program operated by defendant Federation...

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