Town of Clarkstown v. Howe

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Mental Retardation and Developmental Disabilities, which declined to sustain the objection of the petitioner Town of Clarkstown to the establishment of a community residential facility within it, the petitioner appeals from (1) an order of the Supreme Court, Rockland County (Meehan, J.), dated March 18, 1992, which denied the petitioner’s motion for a preliminary injunction, and (2) from a judgment of the same court, dated July 1, 1992, which dismissed the proceeding.

Ordered that the appeal…