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MATTER OF TOWN OF OYSTER BAY v. COMM'R OF STATE OF NEW YORK OFFICE OF MENTAL HEALTH

112 A.D.2d 241 (1985)

In the Matter of Town of Oyster Bay, Petitioner, v. Commissioner of State of New York Office of Mental Health et al., Respondents

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

July 8, 1985

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

The Commissioner properly found that petitioner had failed to sustain its burden of showing that the establishment of the proposed facility at the contested location would substantially alter the nature and character of the community pursuant to Mental Hygiene Law § 41.34 (c) (5). The testimony of petitioner's witnesses...

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