Opinion
February 1, 1991
Appeal from the Supreme Court, Nassau County, Molloy, J.
Present — Denman, J.P., Green, Balio, Davis and Lowery, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We find that the Commissioner's determination was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181). The petitioner failed to meet its burden of proof by adducing clear and convincing evidence that the establishment of the proposed facility would result in both an overconcentration of similar facilities and a substantial alteration of the nature and character of the community (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, 131 A.D.2d 681; Matter of Town of Hempstead v Commissioner of State of N Y Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388, 389; Grasmere Homeowners' Assn. v Introne, 84 A.D.2d 778). In addition, in assessing the need for the facility within the municipality, the Commissioner properly considered the need within Nassau County and was not required to look to the town or the particular area (see, Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Health ([appeal No. 1], 170 A.D.2d 1050 [decided herewith]; Matter of Town of Brunswick v Webb, 145 A.D.2d 844; Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388, supra; Matter of Town of Pound Ridge v Introne, 81 A.D.2d 890).