Shannon v. Introne

New York Court of Appeals
Shannon v. Introne, 53 N.Y.2d 929 (N.Y. 1981)
441 N.Y.S.2d 60; 423 N.E.2d 818; 1981 N.Y. LEXIS 2488

Shannon v. Introne

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. The Legislature clearly and unambiguously limited the application of section 41.34 of the Mental Hygiene Law to community residential facilities for “four to fourteen mentally disabled persons.” Inasmuch as the facility proposed in this case will contain only three persons, it does not fall within the scope of section 41.34. We have examined petitioners’ other contentions and find them to be without merit.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Reference

Full Case Name
In the Matter of Michael G. Shannon, and Dongan Hills United Civic Association, Intervenor-Petitioner v. James E. Introne, as Acting Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities
Cited By
8 cases
Status
Published