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In the Matter of ROGER G. SMART, Respondent, v. RICHARD L. FRANCIS, as Director of Sunmount State School, New York State Department of Mental Hygiene, Appellant.

Order reversed, without costs, and the determination of respondent Director of Sunmount State School reinstated on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division. (See, also, Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1, 34 N.Y.2d 222, 232, 233-234, 241.)

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

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MATTER OF SMART v. FRANCIS
(Dec 18, 1974)