Town of Hempstead v. Commissioner of the State

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the State of New York Office of Mental Health, dated October 13, 1988, which found that the establishment of a community residence facility at a contested location would be appropriate.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Under the Mental Hygiene Law, an objectant to the establishment of a community residential facility bears the burden of…