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MATTER OF TOWN OF POUGHKEEPSIE v. WEBB

157 A.D.2d 664 (1990)

In the Matter of Town of Poughkeepsie, Petitioner, v. Arthur Y. Webb, as Commissioner of New York State Office of Mental Retardation and Developmental Disabilities, et al., Respondents

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

January 8, 1990

Adjudged that the determination is confirmed and the petition is dismissed, with costs.

We find that the Commissioner's determination was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181). The petitioner failed to meet its burden of proof by adducing concrete and convincing evidence that the establishment of the facility would result in both an overconcentration...

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