Hallenbeck v. Webb

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which approved the establishment of a community residential facility for the developmentally disabled.

The issue before us is whether substantial evidence supports respondent’s finding of a need for a community residential facility in the Village of Ravena, Albany County, and that an overconcentration of such facilities in the municipality or in the immediate area of that location will not result. Mental Hygiene Law § 41.34 (c) (5)…