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MATTER OF TOWN OF BRIGHTON v. STATE

124 A.D.2d 968 (1986)

In the Matter of The Town of Brighton, by Richard D. Wiles et al., Constituting The Town Board of the Town of Brighton, Petitioner, v. State of New York, Office of Mental Retardation and Developmental Disabilities, Respondent

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

November 10, 1986

Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

After a hearing pursuant to Mental Hygiene Law § 41.34 (c) (5), the town challenged respondent's determination approving establishment of an intermediate care facility for the mentally disabled located in a residential area of Brighton, New York. Following a hearing respondent concluded: "The evidence in the record does not...

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