Legal Opinion
Town of Cheektowaga v. Howe
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994PublishedCited by 2 opinions
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The Commissioner’s determination is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180-181). The Town of Cheektowaga (Town) failed to meet its burden of adducing clear and convincing evidence that the establishment of the proposed facility would result in both an overconcentration of similar facilities 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…
2Cases cited6 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
- Town of DeWitt v. SurlesAppellate Division of the Supreme Court of the State of New York · 1992
- Town of Hempstead v. Commissioner of State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1991
- Town of Hempstead v. Commissioner of State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by2 opinions
- City of Rome v. New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1995
- Hunter's Crossing Neighborhood Ass'n v. MaulAppellate Division of the Supreme Court of the State of New York · 1999