Legal Opinion
Town of Hempstead v. Commissioner of State of New York Office of Mental Health
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1991No. Appeal No. 3PublishedCited by 4 opinions
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We find that the Commissioner’s determination was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180-181). The petitioner failed to meet its burden of proof by adducing clear and convincing evidence that the establishment of the proposed facility would result in both an overconcentration of similar facilities and a substantial alteration of the nature and character of the community (Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v…
2Cases cited7 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- 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
- 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
- Town of Pound Ridge v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by4 opinions
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- City of Rome v. New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1995
- Incorporated Village of Hempstead v. HoweAppellate Division of the Supreme Court of the State of New York · 1994
- Town of Cheektowaga v. HoweAppellate Division of the Supreme Court of the State of New York · 1994