City of Schenectady v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities which overruled petitioner’s objection to the establishment of a community residential facility for the disabled in the City of Schenectady. Pursuant to section 41.34 of the Mental Hygiene Law, *986the Oswald D. Heck Developmental Center (ODH) notified petitioner of its intention to establish a community residence facility in the…