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Town of Hempstead v. Commissioner of the State of New York Office of Mental Health

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 572 (N.Y. App. Div. 1993)

Opinion

March 15, 1993


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Commissioner properly considered the need for the proposed residence facility within Nassau County as a whole and was not required to look to the need of the town or the particular community (see, Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Dev. Disabilities, 121 A.D.2d 388, 389). In contesting the establishment of the proposed community residence facility, the Town failed to meet its burden of adducing concrete and convincing evidence that the establishment of the facility will result in both an over-concentration 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 Health, 166 A.D.2d 709). Moreover, the Commissioner's determination was supported by substantial evidence (see, CPLR 7803).

The Town's remaining contention is without merit. Bracken, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.


Summaries of

Town of Hempstead v. Commissioner of the State of New York Office of Mental Health

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 572 (N.Y. App. Div. 1993)
Case details for

Town of Hempstead v. Commissioner of the State of New York Office of Mental Health

Case Details

Full title:In the Matter of the TOWN OF HEMPSTEAD, Appellant, v. COMMISSIONER OF THE…

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

Date published: Mar 15, 1993

Citations

191 A.D.2d 572 (N.Y. App. Div. 1993)
595 N.Y.S.2d 96

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