New York Court of Appeals
In the Matter of Albany Law School, RespondentsAppellants v. New York State Office of Mental Retardation and…
April 26, 201219 N.Y.3d 106
Summary
The New York Court of Appeals held that Mental Hygiene Law §§ 45.09(b) and 33.13(c)(4) must be read in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act, limiting P&A agencies' record‑access rights to the categories set out in that Act, and that actively‑involved family members may qualify as legal representatives under the federal scheme. The Court modified the Appellate Division’s order, affirmed the judgment, and remanded for further proceedings. Justice Ciparick dissented, arguing that the statutes grant P&A agencies unrestricted access and that family members should not be treated as legal representatives.