Legal Opinion

Hempstead v. Commissioner of State of New York Office of Mental Retardation & Developmental Disabilities

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1986PublishedCited by 11 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New *389York State Office of Mental Retardation and Developmental Disabilities, dated March 20, 1985, which, after a hearing, found that the establishment of a community residence facility would be appropriate.

Determination confirmed and proceeding dismissed on the merits, with one bill of costs.

Although need should be considered by the Commissioner in determining the appropriateness of the establishment of a community-residence facility, the party contesting its establishment must show that it…

2Cases cited4 opinions

  1. Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
  2. 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
  3. Town of Hempstead v. CommissionerAppellate Division of the Supreme Court of the State of New York · 1982
  4. Town of Pound Ridge v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by11 opinions

  1. Town of Hempstead v. Commissioner of the StateAppellate Division of the Supreme Court of the State of New York · 1990
  2. Town of Ramapo v. WebbAppellate Division of the Supreme Court of the State of New York · 1988
  3. 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
  4. Paino v. WebbAppellate Division of the Supreme Court of the State of New York · 1989
  5. Town of Hempstead v. Commissioner of State of New York Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 1991

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