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MATTER OF WEST 90S/WEST 100S NEIGHBORHOOD COALITION, INC. v. SURLES

205 A.D.2d 461 (1994)

613 N.Y.S.2d 908

In the Matter of West 90s/West 100s Neighborhood Coalition, Inc., et al., Appellants, v. Richard C. Surles, as Commissioner of The New York State Office of Mental Health, Respondent, et al., Respondent-Defendant

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

June 30, 1994

Contrary to petitioners-plaintiffs contention, the regulations challenged merely implement a broadly articulated legislative goal and were adopted pursuant to statutory authority (see, e.g., Matter of Rainbow Beach Assn. v New York State Dept. of Health, 187 A.D.2d 891). Respondent is authorized to establish and maintain community residences that are "homelike" (Mental Hygiene Law § 1.03 [28]) and the subject facility...

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