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ARA OUN NK 09 09 WV INDEX NO. EF20212412
) 08
NYSCEF boc . NO. 9 RECEIVED NYSCEF: 08/11/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
Mental Hygiene Legal Service, Third Judicial
Department on behalf of ORDER TO SHOW CAUSE
TEGAN BROWN,
Petitioner,
v
Index No: LF Z02z- ZWZ
Howard Zucker, Commissioner, Department of Health;
Theodore Kastner, Commissioner, Office for People Ro: YS-/-Zo2)- 0947
with Developmental Disabilities,
Respondents.
Upon the annexed petition of the Mental Hygiene Legal Service, Third Judicial
Department, Sheila E. Shea, Director, Michael I. Fiske, Senior Attorney, of Counsel;
LET the Commissioners of the Department of Health (DOH) and the Office
?
for People with Developmental Disabilities (OPWDD) show cause at a term of this N\
Court. to be at the Saratoga County Courthouse, 30 McMaster Street, Ballston Spa,
New York on August: 26, 2021, at H4,
AV.
7; or as soon.as counsel can be
h card; Ft TEAMS appewanee will be schedded fu Auyust 2,
ae
Zo2z{ e€ I!1B0ae, Covase| ae duected fs pevide he Cot uw
WHY an. order should not be entered annulling a final state agency
determination dated July 23, 2021 that Tegan Brown, a person with disabilities and
who is presently being maintained.in a day program building under the auspices of
Saratoga Bridges Inc., is not in emergency need of an OPWDD operated or certified
residential bed; and it is further
ema;| addkess foc Hh
e TEAMS savide O14 or betwee
Coua sel
may pre ude Hut vole sand fLon fo
Auge st 23 ; ZoZl,
emacl a hhesés chambers ACouwel lenycou-ts, gov,
fhe chambers
1 of 3
ARA OUN NK 09 09 WV INDEX NO. EF20212412
08
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/11/2021
ORDERED that service of a copy of this Order to Show Cause and the
pleadings upon which it. is granted shall be personally made upon the
Commissioners of DOH and OPWDD and the Attorney General of the State of New
York, or their authorized designees, on or before August Lt , 2021 at:the following
addresses;
Howard Zucker, M.D., Commissioner,
New York State Department of Health
Corning Tower
Empire State Plaza
Albany, New York.12237
Theodore Kastner, Commissioner
Office for People with Developmental Disabilities
44 Holland Avenue
Albany, New York'12229
Letitia James, Attorney General
Office of the Attorney General
Justice Building
Empire State Plaza
Albany, New York 12224-0341
And it-is further
ORDERED that answering affidavits, if any, are to be filed and served. at.
on or before August z3, 2021, with reply affidavits, if any, to be served one (1)
day before the return date of this proceeding; and it is further
2 of 3
INDEX NO. EF20212412
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/11/2021
ORDERED that the record of this proceeding shall be sealed by the
Saratoga County Clerk due to the disclosure of confidential clinical information
in the pleadings and. to comply with Mental Hygiene Law § 33.13
ENTER
Dated: August /I, 2021 Uh
Justice of th
6 hod
the1e Supreme Court
A
Entered Saratoga County Clerk
08/12/2021
3 of 3
Preview
ARA OUN NK 09 09 WV INDEX NO. EF20212412 ) 08 NYSCEF boc . NO. 9 RECEIVED NYSCEF: 08/11/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA Mental Hygiene Legal Service, Third Judicial Department on behalf of ORDER TO SHOW CAUSE TEGAN BROWN, Petitioner, v Index No: LF Z02z- ZWZ Howard Zucker, Commissioner, Department of Health; Theodore Kastner, Commissioner, Office for People Ro: YS-/-Zo2)- 0947 with Developmental Disabilities, Respondents. Upon the annexed petition of the Mental Hygiene Legal Service, Third Judicial Department, Sheila E. Shea, Director, Michael I. Fiske, Senior Attorney, of Counsel; LET the Commissioners of the Department of Health (DOH) and the Office ? for People with Developmental Disabilities (OPWDD) show cause at a term of this N\ Court. to be at the Saratoga County Courthouse, 30 McMaster Street, Ballston Spa, New York on August: 26, 2021, at H4, AV. 7; or as soon.as counsel can be h card; Ft TEAMS appewanee will be schedded fu Auyust 2, ae Zo2z{ e€ I!1B0ae, Covase| ae duected fs pevide he Cot uw WHY an. order should not be entered annulling a final state agency determination dated July 23, 2021 that Tegan Brown, a person with disabilities and who is presently being maintained.in a day program building under the auspices of Saratoga Bridges Inc., is not in emergency need of an OPWDD operated or certified residential bed; and it is further ema;| addkess foc Hh e TEAMS savide O14 or betwee Coua sel may pre ude Hut vole sand fLon fo Auge st 23 ; ZoZl, emacl a hhesés chambers ACouwel lenycou-ts, gov, fhe chambers 1 of 3 ARA OUN NK 09 09 WV INDEX NO. EF20212412 08 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/11/2021 ORDERED that service of a copy of this Order to Show Cause and the pleadings upon which it. is granted shall be personally made upon the Commissioners of DOH and OPWDD and the Attorney General of the State of New York, or their authorized designees, on or before August Lt , 2021 at:the following addresses; Howard Zucker, M.D., Commissioner, New York State Department of Health Corning Tower Empire State Plaza Albany, New York.12237 Theodore Kastner, Commissioner Office for People with Developmental Disabilities 44 Holland Avenue Albany, New York'12229 Letitia James, Attorney General Office of the Attorney General Justice Building Empire State Plaza Albany, New York 12224-0341 And it-is further ORDERED that answering affidavits, if any, are to be filed and served. at. on or before August z3, 2021, with reply affidavits, if any, to be served one (1) day before the return date of this proceeding; and it is further 2 of 3 INDEX NO. EF20212412 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/11/2021 ORDERED that the record of this proceeding shall be sealed by the Saratoga County Clerk due to the disclosure of confidential clinical information in the pleadings and. to comply with Mental Hygiene Law § 33.13 ENTER Dated: August /I, 2021 Uh Justice of th 6 hod the1e Supreme Court A Entered Saratoga County Clerk 08/12/2021 3 of 3