Town of Hempstead v. Commissioner

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the State Office of Mental Retarda*851tion and Developmental Disabilities, dated November 16,1981, which, after a hearing, found that the establishment of a community residence facility at a contested location would be appropriate. Determination confirmed, and proceeding dismissed on the merits, without costs or disbursements. Under the Mental Hygiene Law, an objectant to the establishment of community residential facilities must demonstrate that the establishment would result in a concentration of…