Legal Opinion
Town of Clarkstown v. Howe
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1994PublishedCited by 1 opinion
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 Retardation and Developmental Disabilities, dated December 26, 1991, which, after a hearing, found that the establishment of a community residential facility in the Town of Clarkstown would be appropriate.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
We find that the Commissioner’s determination was supported by substantial evidence. In assessing the need for the facility within the municipality, the…
2Cases cited3 opinions
- 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 · 1993
- 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 · 1990
- Incorporated Village of Island Park v. Commissioner of New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- 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