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Matter of Village of Mamaroneck v. Barnum

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 733 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the Supreme Court, Westchester County (La Cava, J.).


Ordered that the judgment is affirmed, with one bill of costs.

A hearing pursuant to Mental Hygiene Law § 41.34 (c)(5) is not an "adjudicatory proceeding" as defined by State Administrative Procedure Act § 102 (3). State Administrative Procedure Act § 102 (3) and § 301 (3) define an adjudicatory proceeding as "any activity * * * before an agency * * * in which a determination of the legal rights * * * of named parties thereto is required by law to be made only on a record". There is no requirement in the Mental Hygiene Law that the hearing pursuant to Mental Hygiene Law § 41.34 (c) (5) be conducted only on a record. Thus, the petitioner was not entitled to enjoin the holding of such a hearing pending the promulgation of rules governing such hearings by the respondent New York State Office of Mental Retardation and Developmental Disabilities ( see, Town of DeWitt v. Surles, 187 A.D.2d 969). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

Matter of Village of Mamaroneck v. Barnum

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 733 (N.Y. App. Div. 1996)
Case details for

Matter of Village of Mamaroneck v. Barnum

Case Details

Full title:In the Matter of VILLAGE OF MAMARONECK, Appellant, v. RICHARD BARNUM et…

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

Date published: Apr 29, 1996

Citations

226 A.D.2d 733 (N.Y. App. Div. 1996)
642 N.Y.S.2d 40

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