Community Board 3 v. State

OPINION OF THE COURT

Joseph J. Kunzeman, J.

Petitioner, in this article 78 proceeding, seeks a preliminary *190injunction restraining respondents from taking any action to prepare a certain location in Jackson Heights, Queens County, for use as a community residence for the mentally retarded pending a resolution of this proceeding. Petitioner alleges that the site selection made by respondents for a community residence for the mentally retarded is in violation of statutory procedures and is, therefore, void. Respondents move pursuant to CPLR 7804 (subd [f]) to dismiss the petition on the grounds…