Legal Opinion
Town of Hempstead v. Commissioner of the State of New York Office of Mental Health
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1994PublishedCited by 2 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the State of New York Office of Mental Health dated December 28, 1990, which, after a hearing, found that the respondents may proceed with the establishment of a community residence facility at a specified location in the Town of Hempstead.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs.
The Commissioner’s determination was supported by substantial evidence and was not arbitrary and capricious. In assessing the need for the facility within…
2Cases cited4 opinions
- 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
- 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 · 1985
- 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
- Bay v. SurlesAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Incorporated Village of Westbury v. MaulAppellate Division of the Supreme Court of the State of New York · 1999
- Village of Pomona v. Commissioner of the Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1994