Legal Opinion
Oyster Bay v. Office of Mental Retardation & Developmental Disabilities
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1986PublishedCited by 3 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, dated October 11, 1984, which, after a hearing, found that the establishment of a community residence facility in the Town of Oyster Bay would be appropriate.
*390Determination confirmed and proceeding dismissed on the merits, with costs.
Although need should be considered by the Commissioner in determining the appropriateness of the establishment of a community residence facility, the party contesting its establishment must show…
2Cases cited5 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- 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
- Town of Hempstead v. CommissionerAppellate Division of the Supreme Court of the State of New York · 1982
- Town of Pound Ridge v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Roberts v. SelzakAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by3 opinions
- City of Kingston v. SurlesAppellate Division of the Supreme Court of the State of New York · 1992
- Town of Brookhaven v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1995
- Town of Hempstead v. Commissioner of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1988