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. (Proceeding No. 1.) Glenn L. Stephenson, Petitioner, v. Arthur Y. Webb, as Commissioner of State of New York Office of Mental Retardation and Developmental Disabilities, et al., Respondents. (Proceeding No. 2.)

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

April 7, 1986


Determination of the Commissioner dated September 25, 1984 confirmed and proceedings dismissed on the merits, with one bill of costs.

The petitioner in proceeding No. 1, the Town of Hempstead, bore the burden of proof at the Padavan hearing held on August 29, 1984, of adducing concrete and convincing evidence that the establishment of the proposed facility would result in both an overconcentration of similar facilities in...

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