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MATTER OF VILLAGE OF PORT CHESTER v. DELANEY

2016-02957, Index No. 3643/15.

148 A.D.3d 1163 (2017)

2017 NY Slip Op 02434

50 N.Y.S.3d 487

In the Matter of VILLAGE OF PORT CHESTER, NEW YORK, Petitioner, v. KERRY A. DELANEY, as Commissioner of State of New York Office for People with Developmental Disabilities, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 29, 2017.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

In March 2015, the Village of Port Chester received notice from Ability Beyond Disability (hereinafter ABD), a not-for-profit corporation that provides community services to people with disabilities, that ABD intended to construct a six-person group residence for disabled adults on property it owned in the Village. After...

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