Opinion
January 8, 1990
Adjudged that the determination is confirmed and the petition is dismissed, with costs.
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 concrete and convincing evidence that the establishment of the 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]; Town of Ramapo v. Webb, 137 A.D.2d 518; 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).
The petitioner's contention that Mental Hygiene Law § 41.34 (c) (5) is void for vagueness is without merit. The statute's language is sufficiently clear to apprise administrative officials of the standards they must follow (see, Incorporated Vil. of Old Field v. Introne, 104 Misc.2d 122; cf., Matter of Nicholas v. Kahn, 47 N.Y.2d 24, 31). Thompson, J.P., Lawrence, Kunzeman and Harwood, JJ., concur.