Legal Opinion
City of Kingston v. Surles
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Weiss, P. J.
This proceeding presents for review a determination made by respondent Commissioner of Mental Health which found that petitioner failed to sustain its burden of proving that the establishment of a community residence for 12 psychiatrically disabled adults in the City of Kingston, Ulster County, would result in a concentration of similar facilities in the area for which the program is proposed that would substantially alter the nature and character of the area (see, Mental Hygiene Law § 41.34 [c] [5]). We agree and confirm the determination.
The facts simply…
2Cases cited11 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Town of Brunswick v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
- Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
- Town of Bedford v. State of New York Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1988
- Kurland v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Jennings v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1996
- City of Mount Vernon v. OMRDDAppellate Division of the Supreme Court of the State of New York · 2008