Appellate Division of the Supreme Court of New York, 1981

Town of Cortlandt v. Office of Mental Retardation & Developmental Disabilities

Town of Cortlandt v. Office of Mental Retardation & Developmental Disabilities
Appellate Division of the Supreme Court of New York · Decided February 27, 1981
80 A.D.2d 648; 436 N.Y.S.2d 1013; 1981 N.Y. App. Div. LEXIS 10354
Town of Cortlandt v. Office of Mental Retardation & Developmental Disabilities

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Mental Retardation and Developmental Disabilities, dated August 13, 1980, which, after a hearing, found that the establishment of a community residence at a contested location in the Town of Cortlandt would be appropriate, pursuant to subdivision (a) of section 41.34 of the Mental Hugiene Law. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence. Titone, J.P., Rabin, Margett and Weinstein, JJ., concur.

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