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

119 A.D.2d 582 (1986)

In the Matter of Town of Hempstead, Petitioner, v. Commissioner of State of New York Office of Mental Retardation and Developmental Disabilities et al., Respondents

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

April 7, 1986

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

The petitioner bore the burden of proof at the Padavan hearing, held on December 5, 1984, of adducing concrete and convincing evidence that the establishment of this proposed facility would result in both an overconcentration of similar facilities in the area and a substantial alteration of the nature and character of the community (see, Mental Hygiene Law §...

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