Town of Hempstead v. Commissioner of New York Office of Mental Health

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Health, dated February 5, 1987, which, after a hearing, found that the establishment of a community residential facility in the Town of Hempstead would be appropriate.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

On this record we find that the Commissioner’s determination was supported by substantial evidence. The petitioner failed to meet its burden of proof by providing concrete and convincing…