Board of Trustees v. New York State Office of Mental Health

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Office of Mental Health, dated July 6, 1993, which, after a *561hearing, found that the respondents may proceed with the establishment of a community residence facility at a proposed site in the Incorporated Village of Valley Stream.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Undisputed evidence supports the Commissioner’s determination that there was a need for the proposed community residence facility. The Village failed to meet…