Legal Opinion

Incorporated Village of Island Park v. Commissioner of New York State Office of Mental Health

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 1992PublishedCited by 1 opinion

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Health, dated June 3, 1991, which after a hearing, found that the establishment of a community residential facility would be appropriate.

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

The Commissioner’s determination was supported by substantial evidence. In assessing the need for the facility within the municipality, the Commissioner properly considered the need within Nassau County and was not required…

2Cases cited2 opinions

  1. 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
  2. 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 · 1990

3Cited by1 opinion

  1. Town of Clarkstown v. HoweAppellate Division of the Supreme Court of the State of New York · 1994

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