Town of Mount Pleasant v. Perry

—In a proceeding pursuant to CPLR article 78 to prohibit the respondents from holding a hearing pursuant to Mental Hygiene Law § 41.34 (c) (5) on a proposal by the respondent Rehabilitation Support Services to establish a community residence for mentally retarded/developmentally disabled individuals, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Cowhey, J.), entered June 27, 1995, which, upon reargument, vacated a prior order of the same court dated March 9, 1995, granting the petition, and thereupon denied the petition and dismissed…