Opinion
July 8, 1985
Appeal from the Commissioner of the New York State Office of Mental Health.
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The Commissioner properly found that petitioner had failed to sustain its burden of showing that the establishment of the proposed facility at the contested location would substantially alter the nature and character of the community pursuant to Mental Hygiene Law § 41.34 (c) (5). The testimony of petitioner's witnesses opposed to the location was based on mere speculation and failed to show, by evidence of a concrete and convincing nature, that any such change would occur ( Grasmere Homeowners' Assn. v. Introne, 84 A.D.2d 778). The Commissioner's determination was supported by substantial evidence ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
Furthermore, petitioner's procedural objections are without merit. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.