AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of TOWN OF POUGHKEEPSIE, Petitioner, v. ARTHUR Y. WEBB, as Commissioner of New York State Office of Mental Retardation and De

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.

Use AI to get other relevant cases.

Comments

MATTER OF TOWN OF POUGHKEEPSIE v. WEBB
(Jan 8, 1990)