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MATTER OF HALLENBECK v. WEBB

142 A.D.2d 852 (1988)

In the Matter of Neil Hallenbeck et al., Petitioners, v. Arthur Y. Webb, as Commissioner of The New York State Office of Mental Retardation and Developmental Disabilities, Respondent

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

July 21, 1988

Mikoll, J.

The issue before us is whether substantial evidence supports respondent's finding of a need for a community residential facility in the Village of Ravena, Albany County, and that an overconcentration of such facilities in the municipality or in the immediate area of that location will not result. Mental Hygiene Law § 41.34 (c) (5) dictates that when a municipality objects to the establishment...

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