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MATTER OF MENTAL HYGIENE LEGAL SERV. v. ZUCKER

534647.

206 A.D.3d 1546 (2022)

170 N.Y.S.3d 381

2022 NY Slip Op 04216

In the Matter of Mental Hygiene Legal Service, on Behalf of Lucas R. et al., Infants, Respondent, v. Howard Zucker, as Commissioner of Health, et al., Appellants.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Letitia James, Attorney General, Albany (Kathleen M. Treasure of counsel), for appellants.

Sheila E. Shea, Mental Hygiene Legal Service, Albany (Cailin Connors Brennan of counsel), for respondent.

Clark, J.P., Pritzker, Reynolds Fitzgerald and Fisher, JJ., concur.

Lucas R. and Theodore F. are children with multiple neurological and psychiatric disorders. In 2020 and 2021, Lucas R.'s and Theodore F.'s parents submitted applications for their children to be admitted into residential treatment facilities (hereinafter RTFs). Respondent Office of Mental Health (hereinafter OMH) denied those applications...

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