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WM. CT. v. MENTAL RETARDATION

161 Misc.2d 552 (1994)

613 N.Y.S.2d 322

William Court — White Hill Road Homeowners Association, Inc., Petitioner, v. New York State Commissioner of Mental Retardation and Developmental Disabilities Et Al., Respondents.

Supreme Court, Westchester County.

May 2, 1994

Attorney(s) appearing for the Case

John C. Wirth, Jr., White Plains, for petitioner. G. Oliver Koppell, Attorney-General, New York City (Edward J. Curtis, Jr., of counsel), for New York State Commissioner of Mental Retardation and Developmental Disabilities and others, respondents. Oxman Geiger Natale & Tulis, Hawthorne (Gary A. Friedman of counsel), for Trilliam Corp. and another, respondents.

JOAN B. LEFKOWITZ, J.

FACTS AND PROCEDURAL BACKGROUND

Petitioner, a not-for-profit corporation and homeowners' association, objects to the lease of residential facilities at William Court in the Town of Yorktown for use by eight mentally retarded persons. Members of the petitioner participated in public hearings on site selection for the subject community residence. One contention advanced by petitioner...

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