Legal Opinion
Town of Hempstead v. Commissioner of State of New York Office of Mental Retardation & Developmental Disabilities
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 1986PublishedCited by 8 opinions
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner, State of New York Office of Mental Retardation and Developmental Disabilities (hereinafter the Commissioner), dated January 30, 1985, which, after a hearing pursuant to Mental Hygiene Law § 41.34, found that the establishment of a community residential facility at a contested location would be appropriate.
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The petitioner bore the burden of proof at the Padavan hearing, held on December 5, 1984, of…
2Cases cited4 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Town of Hempstead v. CommissionerAppellate Division of the Supreme Court of the State of New York · 1982
- Town of Hempstead v. Commissioner of State of New York Office of MentalAppellate Division of the Supreme Court of the State of New York · 1983
- Town of Oyster Bay v. Commissioner of State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Talisman Drive Civic Ass'n v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
- Town of 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 · 1987
- Bartnik v. MaulAppellate Division of the Supreme Court of the State of New York · 1996
- Hunter's Crossing Neighborhood Ass'n v. MaulAppellate Division of the Supreme Court of the State of New York · 1999
- Banchs v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
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