IN THE MATTER OF JOSE TORRES. RESPONDENT. / THE PEOPLE &C., APPELLANT, AND COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH, RESPONDENT.
78 N.Y.2d 1085, 586 N.E.2d 53, 578 N.Y.S.2d 870 (1991).
November 19, 1991

1 No. 213

Decided November 19, 1991

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Morrie I. Kleinbart, for Appellant.
Steven J. Harkavy, for Respondent Torres.

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Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (166 AD2d 228), and certified question not answered as unnecessary. Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.