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Matter of City of Glen Cove

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 243 (N.Y. App. Div. 1991)

Opinion

July 22, 1991


Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs to the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities.

The Commissioner used the proper standard when he found that the alternative sites suggested by the municipality, which had previously been rejected by the sponsoring agency, were not superior to the site proposed by the sponsoring agency (see, Matter of City of Glen Cove v Surles, 157 A.D.2d 657; Matter of Town of Brookhaven v Katz, 143 A.D.2d 1023; Town of Ramapo v Webb, 137 A.D.2d 518; Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760). The record contains substantial evidence to support the Commissioner's determination that the alternative sites were not superior to the proposed site (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). The evidence did not establish that the community residential facility would substantially alter the character and nature of the neighborhood (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388; Town of Hempstead v Commissioner, State of N.Y. Off. of Mental Retardation Developmental Disabilities, 89 A.D.2d 850). Bracken, J.P., Lawrence, Miller and O'Brien, JJ., concur.


Summaries of

Matter of City of Glen Cove

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 243 (N.Y. App. Div. 1991)
Case details for

Matter of City of Glen Cove

Case Details

Full title:In the Matter of the CITY OF GLEN COVE, Petitioner. COMMISSIONER OF THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 1991

Citations

175 A.D.2d 243 (N.Y. App. Div. 1991)
572 N.Y.S.2d 709

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