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Town of Southeast v. Maul

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 784 (N.Y. App. Div. 1996)

Opinion

March 25, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, without costs or disbursements.

Contrary to the petitioner's contentions, the Commissioner's determination, which rejected its objections to the establishment of a community residential facility at the location selected by the respondents State of New York Office of Mental Retardation and Developmental Disabilities and Wassaic Developmental Disabilities Services Office is supported by substantial evidence ( see, Mental Hygiene Law § 41.34 [c]; Matter of Town of Mount Pleasant v New York State Off. of Mental Health, 200 A.D.2d 576; Town of Ramapo v Webb, 137 A.D.2d 518, 519). The petitioner failed to proffer any concrete and convincing evidence that a community residential facility would result in an overconcentration of the same or similar facilities such that the nature and character of the area would be altered ( see, Mental Hygiene Law § 41.34 [c]; Matter of Paino v Webb, 152 A.D.2d 699, 700).

The petitioner's remaining contentions are without merit. Bracken, J.P., O'Brien, Santucci and Goldstein, JJ., concur.


Summaries of

Town of Southeast v. Maul

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 784 (N.Y. App. Div. 1996)
Case details for

Town of Southeast v. Maul

Case Details

Full title:In the Matter of TOWN OF SOUTHEAST, Petitioner, v. THOMAS A. MAUL, as…

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

Date published: Mar 25, 1996

Citations

225 A.D.2d 784 (N.Y. App. Div. 1996)
640 N.Y.S.2d 183

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