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MATTER OF TOWN OF DeWITT v. SURLES

187 A.D.2d 969 (1992)

In the Matter of Town of Dewitt, Petitioner, v. Richard C. Surles, as Commissioner of The Office of Mental Health, et al., Respondents. (Appeal No. 4.)

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

November 18, 1992

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The Commissioner's determination should be confirmed. On the issue of "need", the State demonstrated that establishment of the community residence was necessary to accommodate a long list of mental patients awaiting community placement. On the issue of "overconcentration", the State demonstrated that, within the Town, there is only...

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