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

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of State of New York Office of Mental Health, dated December 23, 1982, which, after a hearing, found that the establishment of a community residence facility at a contested location would be appropriate. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On this record, we find that the commissioner’s determination was supported by substantial evidence. The commissioner was correct in concluding that the two other facilities in the area were not the same…