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MATTER OF TOWN OF HEMPSTEAD v. COMM'R OF THE STATE OF NEW YORK OFFICE OF MENTAL HEALTH

166 A.D.2d 709 (1990)

In the Matter of Town of Hempstead, Petitioner, v. Commissioner of the State of New York Office of Mental Health et al., Respondents

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

October 29, 1990

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Under the Mental Hygiene Law, an objectant to the establishment of a community residential facility bears the burden of adducing concrete and convincing evidence that the establishment of the proposed facility will result in both an over-concentration of similar facilities in...

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