Legal Opinion

Town of Brookhaven v. New York State Office of Mental Health

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1995PublishedCited by 3 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Office of Mental Health, dated January 5, 1994, which, after a hearing, authorized the respondent Human Resources Research and Management Group, Inc., to establish a community residential facility at a certain location.

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

A party contesting the establishment of a community residential facility must demonstrate that it would result in a concentration of the same or similar…

2Cases cited3 opinions

  1. Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
  2. Town of Mount Pleasant v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1994
  3. Oyster Bay v. Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by3 opinions

  1. Southampton v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1997
  2. Town of Brookhaven v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  3. Town of Oyster Bay v. MaulAppellate Division of the Supreme Court of the State of New York · 1996

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