Court of Appeals of New York

In a combined article 78 proceeding and action brought by protection and advocacy organizations pursuant to 42 U.S.C. section 1983 against the Office for People with Developmental Disabilities (OPWDD) and its commissioner to enforce the right of access to all clinical records at two OPWDD facilities, the judgment of the Appellate Division is modified, where: 1) the Mental Hygiene Law implements federal law such that requestors must follow the safeguards outlined in the federal Developmental Disabilities Assistance and Bill of Rights Act (DD Act); and 2) the Appellate Division erred in holding that actively-involved family members cannot be considered legal representatives for notice and authorization purposes under the DD Act.

Appellate Information

• Decided 04/26/2012
• Published 04/26/2012

Judges

• Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Victor Paladino, Jennifer J. Monthie