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MATTER OF TALISMAN DRIVE CIVIC ASS'N, INC. v. WEBB

138 A.D.2d 610 (1988)

In the Matter of Talisman Drive Civic Association, Inc., Petitioner, v. Arthur Y. Webb, as Chairman 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.

March 21, 1988

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

It is well settled that the party contesting the establishment of a community residential facility for the disabled must show that it will result in a concentration of the same or similar facilities such that the nature and character of the area will be altered (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v Commissioner of State...

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