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In the Matter of TOWN OF BROOKHAVEN, Petitioner, v. STEVEN E. KATZ, as Commissioner of Mental Hygiene of the State of New York, et al., Respondents.

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 respondent Commissioner Webb, is supported by substantial evidence (see, Mental Hygiene Law § 41.34 [c]; Town of Ramapo v Webb, 137 A.D.2d 518). Moreover, the petitioner failed to proffer any evidence demonstrating that the establishment of the facility will cause an overconcentration of similar facilities, thereby altering the character of the area involved (see, Mental Hygiene Law § 41.34 [c]; Town of Ramapo v Webb, supra), or that the alternate sites it proposed were superior to that selected by the respondent Commissioner Webb (see, Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760).

We have reviewed the petitioner's remaining contentions and find them to be without merit. Eiber, J.P., Kooper, Spatt and Harwood, JJ., concur.

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MATTER OF TOWN OF BROOKHAVEN v. KATZ
(Oct 31, 1988)