Jusko v. Howe

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Elin M. Howe, dated May 10, 1991, which, after a hearing, found that the respondent Community Based Services, Inc., may proceed with the establishment of a community residence facility at a specified location in the Town of Briarcliff Manor.

Adjudged that the determination is confirmed and the petition is dismissed on the merits, with costs to the respondent Howe.

We find that the determination that the alternative site selected by the municipality was not superior to the proposed site was based upon the proper…