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CITY OF KINGSTON v. SURLES

180 A.D.2d 69 (1992)

In the Matter of City of Kingston, Petitioner, 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, Third Department.

April 30, 1992

Attorney(s) appearing for the Case

Marianne Mizel, Corporation Counsel (Philip W. Kirschner of counsel), for petitioner.

Robert Abrams, Attorney-General (Patrick Barnett-Mulligan and Peter G. Crary of counsel), for respondents.

MIKOLL, MERCURE and CREW III, JJ., concur.

WEISS, P. J.

This proceeding presents for review a determination made by respondent Commissioner of Mental Health which found that petitioner failed to sustain its burden of proving that the establishment of a community residence for 12 psychiatrically disabled adults in the City of Kingston, Ulster County, would result in a concentration of similar facilities in the area for which the program is proposed that...

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