Argued June 5, 1980
Decided July 3, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOUGLAS F. YOUNG, J.
Solomon H. Friend for appellants.
Seymour H. Kligler, David R. Kay and Asher M. Miller for Community Mainstreaming Associates, Inc., respondent.
Robert Abrams, Attorney-General (William J. Caplow, Shirley Adelson Siegel and Thomas P. Dorsey of counsel), for Thomas Coughlin, III, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, respondent.
Stephen M. Richardson for Eastern Federal Savings and Loan Association of Sayville, respondent.
Order modified, with costs to defendants-respondents, by declaring section 41.34 of the Mental Hygiene Law constitutional as applied (see Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, affirmed for reasons stated in the opinion by Mr. Justice DOUGLAS F. YOUNG at Supreme Court, Nassau County ( 102 Misc.2d 320).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER. Taking no part: Judge WACHTLER.