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In the Matter of JEAN A. ADKINS et al., Respondents, v. BOARD OF APPEALS et al., Appellants.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly concluded that the regulation of adult-care facilities has been preempted by the State (see, Social Services Law § 460; 18 N.Y.CRR ch II, subch D; People v Town of Clarkstown, 160 A.D.2d 17). Any local restriction prohibiting conduct which the State finds acceptable is therefore invalid (see, Jancyn Mfg. Corp. v County of Suffolk, 71 N.Y.2d 91, 97; New York State Club Assn. v City of New York, 69 N.Y.2d 211, 217, affd 487 U.S. 1). Since the New York State Department of Social Services determined that the premises in question was being operated in compliance with applicable regulations, the appellants were without power to conclude otherwise, and the restrictions imposed by the appellants on the use of the premises were properly annulled. Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.

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MATTER OF ADKINS v. BOARD OF APPEALS
(Dec 6, 1993)