Cedar Grove Civic Homeowners Ass'n v. Maul

The issue in this case is whether the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities (hereinafter the Commissioner) properly rejected the objection of Community Board 7 to the establishment of a community residential facility for seven developmentally disabled adults.

*619Mental Hygiene Law § 41.34 (c) (1) (C) permits a municipality to: "object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concentration of community residential facilities for the mentally disabled in the…