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MATTER OF TOWN OF CHEEKTOWAGA v. HOWE

206 A.D.2d 948 (1994)

615 N.Y.S.2d 190

In the Matter of Town of Cheektowaga, Petitioner, v. Elin M. Howe, as Commissioner of State of New York Office of Mental Retardation and Developmental Disabilities, Respondent

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

July 15, 1994

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The Commissioner's determination is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181). The Town of Cheektowaga (Town) failed to meet its burden of adducing clear and convincing evidence that the establishment of...

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