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IN THE MATTER OF MARION

Appellate Division of the Supreme Court of New York, Second Department.
Feb 9, 2004
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DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, it was not reasonable to maintain the appellant "in the community" (Mental Hygiene Law § 81.22[a][9]) and placement in the Sunrise Assisted Living facility represented the least restrictive form of intervention ( see Mental Hygiene Law § 81.01; Matter of Maher, 207 A.D.2d 133; cf. Matter of Jospe, 2003 WL 728768, 2003 N.Y. Misc. LEXIS 134 [Sup Ct, Feb. 03, 2003]).

SMITH, J.P., H. MILLER, TOWNES and RIVERA, JJ., concur.