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Arlene A. Hughes, as Director of the Mental Hygiene Legal Service of the Fourth Department, on Behalf of John F. v. Thomas A. Maul, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities that it is in John F.’s best interest to remain a resident at the 508 Church Street Intermediate Care Facility is supported by substantial evidence (see, Matter of Caputo v Webb, 139 AD2d 735; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179-181).
(CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wayne County, Strobridge, J.) Present—Pine, J. P., Fallon, Callahan, Davis and Boehm, JJ.