City of Oswego v. Prevost

— Petition unanimously dismissed, with costs. Memorandum: The City of Oswego seeks in this CPLR article 78 proceeding to review a decision of respondent commissioner which authorized respondent Oswego County Opportunities, Inc., the sponsoring agency, to establish a community residential facility at 55 Erie Street in that city. Respondent opposes the petition contending not only that substantial evidence supports the commissioner’s determination but also that the city’s objection was untimely and that the petition should therefore be dismissed. The proceeding was referred to us for…