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

170 A.D.2d 1052 (1991)

In the Matter of The Town of Hempstead, Petitioner, v. Commissioner of State of New York Office of Mental Health et al, Respondents. (Appeal No. 3.)

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

February 1, 1991

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

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 clear and convincing evidence that the establishment of the proposed facility would result...

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