Legal Opinion
Town of DeWitt v. Surles
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1992No. Appeal No. 4PublishedCited by 6 opinions
1Opinion of the Court
— Determination unanimously confirmed without costs and petition dismissed. Memorandum: The Commissioner’s determination should be confirmed. On the issue of "need”, the State demonstrated that establishment of the community residence was necessary to accommodate a long list of mental patients awaiting community placement. On the issue of "overconcentration”, the State demonstrated that, within the Town, there is only one existing community residence (incidentally, one serving mentally retarded individuals, not mental patients), within a 1.6 mile radius. Therefore, we conclude that the…
2Cases cited3 opinions
- In re Hutchings Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Town of DeWitt v. SurlesAppellate Division of the Supreme Court of the State of New York · 1992
- Town of DeWitt v. SurlesAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Gates v. Commissioner of New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1997
- Hunter's Crossing Neighborhood Ass'n v. MaulAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Cheektowaga v. HoweAppellate Division of the Supreme Court of the State of New York · 1994
- Village of Mamaroneck v. BarnumAppellate Division of the Supreme Court of the State of New York · 1996
- Town of Kent v. MaulAppellate Division of the Supreme Court of the State of New York · 1999
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