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MATTER OF PAINO v. WEBB

152 A.D.2d 699 (1989)

In the Matter of Irene Paino, Individually and as Supervisor of The Town of Wappinger, Petitioner, v. Arthur Y. Webb, as Commissioner of The State of New York Office of Mental Retardation, et al., Respondents

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

July 24, 1989

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

The party contesting the establishment of a community residence facility must show that it would result in a concentration of the same or similar facilities such that the nature and character of the area would be altered (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v Commissioner...

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