Legal Opinion
City of Rome v. New York State Office of Mental Retardation & Developmental Disabilities
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 3 opinions
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that there is *1030substantial evidence to support the Commissioner’s determination that the proposed community residential facilities are needed to replace two large intermediate-care facilities that are in poor condition (see, Matter of Town of Cheektowaga v Howe, 206 AD2d 948, 949). Petitioner does not challenge the need for the facilities, but maintains that they would create an overconcentration because of the existence of 23 similar facilities within the city.
A party challenging the…
2Cases cited4 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- 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
- Town of Cheektowaga v. HoweAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Gates v. Commissioner of New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1997
- City of Mount Vernon v. OMRDDAppellate Division of the Supreme Court of the State of New York · 2008
- 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