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MATTER OF TOWN OF GREENBURGH v. COUGHLIN

73 A.D.2d 672 (1979)

In the Matter of Town of Greenburgh, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The State of New York Office of Mental Retardation and Development Disabilities, et al., Respondents

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

December 24, 1979

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The sole issue to be resolved at a hearing to contest the appropriateness of the establishment of a community residence facility pursuant to section 41.34 of the Mental Hygiene Law is whether "the nature and character of the area in which the facility is to be based would be substantially altered as a result of establishment of the facility" (§ 41.34, subd [b], par...

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