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

131 A.D.2d 681 (1987)

In the Matter of Town of Hempstead, Petitioner, v. Commissioner of the 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.

June 15, 1987

Adjudged that the determination is confirmed and proceeding is dismissed on the merits, with one bill of costs.

On this record we find that the Commissioner's determination was supported by substantial evidence. The petitioner failed to meet its burden of proof at a hearing by 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...

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