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MATTER OF TOWN OF BEDFORD v. STATE OF NEW YORK OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

144 A.D.2d 473 (1988)

In the Matter of The Town of Bedford, Petitioner, v. 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.

November 14, 1988

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

A municipality may only object to the establishment of a community residential facility on the ground that it would create such a concentration of similar facilities in the area so as to substantially alter the character and nature of the area (see, Mental Hygiene Law § 41.34 [c] [1] [C...

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