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TOWN OF HEMPSTEAD v. COMM'R OF THE STATE OF NEW YORK OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

78 A.D.2d 677 (1980)

Town of Hempstead, Petitioner, v. Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities et al., Respondents. (And Two Other Proceedings.)

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

October 20, 1980

Determinations confirmed and proceedings 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 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" (Mental Hygiene Law, § 41.34,...

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