MATTER OF VILL. OF POMONA v. COMM'R OF THE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES


209 A.D.2d 528 (1994)

619 N.Y.S.2d 286

In the Matter of The Village of Pomona, Petitioner, v. Commissioner of the Office of Mental Retardation and Developmental Disabilities et al., Respondents

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

November 14, 1994


Adjudged, that the determination is confirmed and the proceeding is dismissed, on the merits, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

It is well settled that, in order to prevail, a party contesting the establishment of a community residential facility for the disabled must adduce clear and convincing evidence that "the establishment of the facility will result in both an over-concentration of similar facilities...

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