TOWN OF DEWITT v. SURLES


167 A.D.2d 945 (1990)

Town of Dewitt, Appellant, 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.

November 16, 1990


Order unanimously reversed on the law without costs, motion granted and cross motion denied.

Memorandum:

Plaintiff town commenced this action for injunctive and declaratory relief to challenge the sufficiency of the notice given by defendants to the town pursuant to Mental Hygiene Law § 41.34 (c) (1); to invalidate the site selection process; and to enjoin defendants from establishing a community residence within the town. Plaintiff appeals from an order...

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