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CITY OF SYRACUSE v. SURLES

156 A.D.2d 1029 (1989)

City of Syracuse, Petitioner v. Richard C. Surles, as Commissioner of The New York State Office of Mental Health, et al., Respondents

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

December 20, 1989

Determination unanimously confirmed with costs and petition dismissed.

Memorandum:

The New York State Commissioner of Mental Health rejected the challenge of the City of Syracuse to the establishment of a community residence at 1229 Glenwood Avenue. The city argues on appeal that the Commissioner erred in refusing to consider its contention that a facility housing 10 residents was so large that it would substantially alter the area. There is no merit to this...

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