67 Misc. 2d 545 | N.Y. Sup. Ct. | 1971
Petitioners bring an article 78 proceeding in the nature of prohibition on behalf of parents, guardians and relatives of residents at Sampson State School and on behalf of residents of said school and on behalf of employees at said school, prohibiting the respondents, who are the New York State Commissioner of Mental Hygiene and the Mental Hygiene Department of New York State, from closing the Sampson State School, from transferring any residents from the said school, or terminating any of the services afforded the said school. Contained in the order to show cause is a provision staying the respondents or anyone acting under them from taking any action which will have the effect of closing the school until this application has been determined.
The thrust of petitioners’ prayer is that Sampson is unique for its mentally defective residents in that it is situated in a
The respondents disagree with petitioners’ contentions and submit affidavits to support their contentions.
The respondent Commissioner is empowered to direct, supervise and control the powers and duties of all divisions, bureaus, officers and employees of the Department of Mental Hygiene. (Mental Hygiene Law, § 4.) The respondent Commissioner may adopt such rules and regulations covering the management of such institutions as Sampson as he may deem necessary to insure the comfort and promote the welfare of the patients in these institutions. (Mental Hygiene Law, § 7, subd. 5. See, also, § 7 subd. 10, par. [b].) In addition, the 'Commissioner’s approval is required for construction of a facility. (Mental Hygiene Law, § 424.) It would seem that his approval for elimination is impliedly required.
In the case of Goodman v. State of New York (37 A D 2d 703) which involved similar issues, the Appellate Division, First Department in reversing Supreme Court, New York County, and dismissing the petition, held that: ‘ ‘ The Commissioner of Mental Hygiene has so acted in the exercise of discretion as the ‘least harmful alternative’ available in the face of the drastic budget cuts made by the Legislature in its recent session. Despite some disagreement in the evidence at Special Term as to the possible effect on some patients, nothing is found from which 'to infer that the Commissioner acted upon other than a substantial basis of information and professional opinion. The Legislature, it appears, has not provided sufficient funds to continue to maintain all schools for mental retardates as presently done. It thus
In the opinion of this court the employees have no standing. They have not demonstrated personal aggrievement with regard to the Legislature’s action in reducing the budget. (Hidley v. Rockefeller, 28 N Y 2d 439.) It is hard to understand how employees, private or public, can ask to enjoin the termination of their place of employment on the ground that they have established roots in the community where they work or reside.
According to CPLR 506 (subd. [b]) this type of proceeding shall be commenced in any county within the judicial district where the respondent made the determination complained of or where the material events otherwise took place. The determination was made and the material events took place in Albany County. Accordingly this proceeding should have been brought in the Third Judicial District. However, this court saw fit to decide the matter on the merits in order to avoid further repetition in litigating the issues involved herein.
The petitioners’ motion is denied and the cross motion to dismiss the action is granted, without costs. The stay contained in the order to show cause is, of course, vacated.