Appellate Division: Second Judicial Department

M111578

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-10590 In the Matter of SLS Residential, Inc., et al., petitioners, v New York State Office of Mental Health, et al., respondents. (Index No. 2514/10)

DECISION & ORDER ON MOTION

Motion by the petitioners to stay the respondents from revoking certain operating certificates and from taking any other action pursuant to a determination of Michael F. Hogan, as Commissioner of the New York State Office of Mental Health, dated August 9, 2010, adopting a report dated July 30, 2010, correcting a report dated July 29, 2010, upholding a determination to revoke the subject operating permits, pending hearing and determination of a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Putnam County, dated October 22, 2010, and for leave to proceed on the original papers. Separate motion by the petitioners, inter alia, to seal the file and all papers in this proceeding.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion for a stay, and the papers filed in relation to the motion, inter alia, to seal the file and all papers in the proceeding, it is

ORDERED that the branch of the motion which is for a stay is granted, and the respondents are stayed from revoking the operating certificates of SLS Residential, Inc., that is, the operating certificates for the PAT Program (#8490001), Multicare Program (#8490002), and SLS Residential Clinic, Inc. (#8499990003A), or from taking any other action pursuant to the determination of Michael F. Hogan, as Commissioner of the New York State Office of Mental Health, dated August 9, 2010, pending hearing and determination of a proceeding pursuant to CPLR article 78 on condition that (1) the petitioners limit the number of residents at the PAT Program and the Multicare Program, combined, to a total of 36 and limit the number of patients at the SLS Residential Clinic to 85, and (2) the appeal is perfected on or before February 14, 2011; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied; and it is further,

ORDERED that in the event the petitioners do not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion, inter alia, to seal the file and all papers in the proceeding is granted to the extent that the papers filed with the Clerk of the Court on November 1, 2010, are sealed, and the parties' briefs and any additional papers filed shall be filed under seal and shall remain sealed upon filing, and the motion is otherwise denied

COVELLO, J.P., ANGIOLILLO, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court