Opinion
June 15, 1987
Adjudged that the determination is confirmed and proceeding is dismissed on the merits, with one bill of costs.
On this record we find that the Commissioner's determination was supported by substantial evidence. The petitioner failed to meet its burden of proof at a hearing by adducing concrete and convincing evidence that the establishment of this proposed facility would result in both an overconcentration of similar facilities in the area and a substantial alteration of the nature and character of the community (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, 119 A.D.2d 582; Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Health, 97 A.D.2d 826).
Further, the record indicates that the Commissioner adduced evidence of the need for the facility in both Nassau County and the Town of Hempstead (cf., Mental Hygiene Law § 41.34 [c] [5]; Town of Pound Ridge v Introne, 81 A.D.2d 885).
We have considered the petitioner's other contentions and find them to be without merit. Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.