Town of Boston v. New York State Office for People With Developmental Disabilities

I respectfully dissent because I agree with petitioner that the Hearing Officer erred in denying its requests for an adjournment to enable it to prepare for the hearing. At the hearing, petitioner’s witnesses expressed concerns that a community residential facility for the developmentally disabled at the proposed site, which is on a steep hill, could create traffic and waste disposal problems. In her decision, respondent’s Acting Commissioner recognized those concerns as “important,” but rejected them as speculative and conjectural absent “evidence such as septic or traffic studies to…