Legal Opinion
Talisman Drive Civic Ass'n v. Webb
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1988PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Office of Mental Retardation and Developmental Disabilities, dated May 2, 1986, which, after a hearing, found that the establishment of a community residential facility at a contested location would be appropriate.
Adjudged that the determination is confirmed and proceeding is dismissed on the merits, with costs.
It is well settled that the party contesting the establishment of a community residential facility for the disabled must show that it will result in a concentration of the same or…
2Cases cited4 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
- 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 Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Ramapo Homeowners' Ass'n v. New York State Office of Mental RetardationDistrict Court, S.D. New York · 2002
- Bartnik v. MaulAppellate Division of the Supreme Court of the State of New York · 1996
- Hunter's Crossing Neighborhood Ass'n v. MaulAppellate Division of the Supreme Court of the State of New York · 1999
- Board of Education of Sewanhaka Central High School District v. SurlesNew York Supreme Court · 1989
- Town of Hempstead v. Commissioner of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1988