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

143 A.D.2d 517 (1988)

In the Matter of Town of Gates, by Jack C. Hart et al., Constituting The Town Board of the Town of Gates, 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.

September 27, 1988

Determination unanimously confirmed and petition dismissed without costs, in accordance with the following memorandum: The Commissioner's determination that none of the town's proposed alternative sites for an adult community residential facility was "suitable" to "accommodate such a facility" (Mental Hygiene Law § 41.34 [c] [1] [B]) was rational insofar as it interpreted "suitable" to mean comparable to the agency's proposed site in terms of its size and nature...

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