Community Board No. 3 v. State

OPINION OF THE COURT

Alfred D. Lerner, J.

In this CPLR article 78 proceeding, petitioner seeks to annul the selection by the respondents of a community residence for the mentally retarded on the basis of a violation of statutory procedures.

In July of 1978, petitioner received notice that respondent Young Adult Institute was interested in a site for retarded adults within its jurisdiction. A community meeting was held on August 2, 1978 at which time petitioner was urged to review the site in accordance with section 41.34 of the Mental *502Hygiene Law, even though the effective date of the statute…