Legal Opinion
Gates v. Commissioner of New York State Office of Mental Retardation & Developmental Disabilities
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1997PublishedCited by 4 opinions
1Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of respondent Commissioner of New York State Office of Mental Retardation and Developmental Disabilities (Commissioner), rejecting the objections of petitioner to the establishment of a residential facility for developmentally disabled adults in the Town of Gates (Town) (see, Mental Hygiene Law § 41.34 [c] [5]), is neither arbitrary nor capricious and is supported by substantial evidence (see, Matter of Jennings v New York State Off. of Mental Health, 90 NY2d 227, 239-241). Respondent…
2Cases cited11 opinions
- Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Town of Brunswick v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
- 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 Onondaga v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by4 opinions
- City of Mount Vernon v. OMRDDAppellate Division of the Supreme Court of the State of New York · 2008
- TOWN OF EDEN v. DELANEY, KERRY A.Appellate Division of the Supreme Court of the State of New York · 2016
- Town of Eden v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2016
- Town of Eden v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2016