Jennings v. New York State Office of Mental Health

OPINION OF THE COURT

White, J.

In December 1994, respondent Rehabilitation Support Services Inc. (hereinafter RSS) notified petitioner of its intent, pursuant to Mental Hygiene Law § 41.34, to establish a supervised community residence at 117 South Lake Avenue in the City of Albany for 10 indivduals with mental illness. Subsequently, petitioner, pursuant to Mental Hygiene Law § 41.34 (c), objected to the siting of a community residence in this area, contending that this project would result in an over-concentration of community residences so that the nature and character of the area would be…