Opinion
Decided May 14, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. RUBIN, J.
Michael G. Shannon, appellant pro se, and for Karen S. Shannon, appellant.
Robert Abrams, Attorney-General (Robert Schonfeld of counsel), for respondents.
Elias R. Marino for intervenor-petitioner.
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.