Legal Opinion
Town of Hempstead v. Commissioner of the State of New York Office of Mental Health
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1993PublishedCited by 8 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Office of Mental Health, dated May 29, 1990, which, after a hearing, found that the *573respondents may proceed with the establishment of a community residence facility at 392 Holly Place in Lakeview, in the Town of Hempstead.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The Commissioner properly considered the need for the proposed residence facility within Nassau County as a whole and was not required to look to the need of the town…
2Cases cited2 opinions
- Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
- 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
3Cited by8 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
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Town of Hempstead v. Commissioner of the State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1994
- Town of Clarkstown v. HoweAppellate Division of the Supreme Court of the State of New York · 1994
- Village of Pomona v. Commissioner of the Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1994
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