Legal Opinion
Bay v. Surles
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 1993PublishedCited by 3 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Health dated April 12, 1990, which, after a hearing, found that the respondents may proceed with the establishment of a community residence facility at 103 Frost Pond Road in Glen Head, Town of Oyster Bay.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner failed to sustain its burden of proving by clear and convincing evidence that the establishment of the proposed community…
2Cases cited1 opinion
- Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Town of Hempstead v. Commissioner of the State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1994
- Beech Hill Civic Ass'n v. HoweAppellate Division of the Supreme Court of the State of New York · 1994