Legal Opinion
Paino v. Webb
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 1989PublishedCited by 7 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the State of New York Office of Mental Retardation, dated February 2, 1988, which after a hearing, rejected the petitioner’s objection to the establishment of a community residential facility.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
*700The party contesting the establishment of a community residence facility must show that it would result in a concentration of the same or similar facilities such that the nature and character of the area…
2Cases cited4 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Hempstead v. Commissioner of State of New York Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1986
- Town of Pleasant Valley v. Wassaic Developmental Disabilities Services OfficeAppellate Division of the Supreme Court of the State of New York · 1983
- Town of Ramapo v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by7 opinions
- Janus Petroleum, Inc. v. New York State Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1992
- Meyers v. MaulAppellate Division of the Supreme Court of the State of New York · 1998
- Town of Mount Pleasant v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1994
- Town of Mt. Pleasant v. ToulonAppellate Division of the Supreme Court of the State of New York · 2002
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
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