Village of Mamaroneck v. Barnum

In a proceeding pursuant to CPLR article 78 to enjoin the holding of a hearing pursuant to Mental Hygiene Law § 41.34 (c) (5) on a proposal by the respondent Westchester Jewish Community Services to establish a community residence for mentally retarded / developmentally disabled individuals, the petitioner appeals from a judgment of the Supreme Court, Westchester County (La Cava, J.), entered April 11,1995, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs.

A hearing pursuant to Mental Hygiene Law § 41.34 (c) (5) is not an…