Legal Opinion

Town of Hempstead v. Commissioner of State of New York Office of Mental Retardation & Developmental Disabilities

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1987PublishedCited 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 March 20, 1986, which, after a hearing, found that the establishment of a community residential facility in the Town of Hempstead would be appropriate.

Adjudged that the determination is confirmed and proceeding is dismissed on the merits, with one bill of costs.

On this record we find that the Commissioner’s determination was supported by substantial evidence. The petitioner failed to meet its burden of proof at a hearing…

2Cases cited3 opinions

  1. 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 · 1986
  2. Town of Pound Ridge v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
  3. Town of Hempstead v. Commissioner of State of New York Office of MentalAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

  1. Town of Hempstead v. Commissioner of State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1991
  2. Town of Poughkeepsie v. WebbAppellate Division of the Supreme Court of the State of New York · 1990
  3. Town of Hempstead v. Commissioner of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1988

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