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 HEMPSTEAD, Petitioner, v. COMMISSIONER OF STATE OF NEW YORK OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Respondents.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The petitioner bore the burden of proof at the Padavan hearing, held on December 5, 1984, of adducing concrete and convincing evidence that the establishment of this proposed 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]; Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Health, 97 A.D.2d 826; Town of Hempstead v. Commissioner, State of N.Y. Off. of Mental Retardation Developmental Disabilities, 89 A.D.2d 850; Grasmere Homeowners' Assn. v Introne, 84 A.D.2d 778). The record reveals that the petitioner failed to meet this burden and that the Commissioner's determination was supported by substantial evidence (see, e.g., Matter of Town of Oyster Bay v. Commissioner of State of N.Y. Off. of Mental Health, 112 A.D.2d 241).

We have examined the petitioner's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Niehoff and Kunzeman, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF TOWN OF HEMPSTEAD v. COMMR. OF ST
(Apr 7, 1986)