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. 2PublishedCited by 3 opinions

1Opinion of the Court

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The Town of Hempstead commenced this proceeding pursuant to CPLR article 78, challenging the determination of the Commissioner of the State of New York Office of Mental Health (Commissioner), dated August 11, 1989, which, after a hearing, permitted Pilgrim Psychiatric Center to proceed with the establishment of a community residential facility for 11 mentally disabled adults, over the Town’s objections, at 3531 Oceanside Road, Oceanside, New York. We find that there is substantial evidence in the record to…

2Cases cited8 opinions

  1. Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
  2. Town of Brunswick v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
  3. 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
  4. Town of Bedford v. State of New York Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1988
  5. 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 · 1985

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3Cited by3 opinions

  1. Gates v. Commissioner of New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1997
  2. 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
  3. Incorporated Village of Westbury v. MaulAppellate Division of the Supreme Court of the State of New York · 1999

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