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

209 A.D.2d 529 (1994)

619 N.Y.S.2d 607

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 costs to the respondent Commissioner of the Office of Mental Retardation and Developmental Disabilities.

As in the case of Matter of Village of Pomona v Commissioner of Off. of Mental Retardation (209 A.D.2d 528), we conclude that the petitioner failed to meet its burden of establishing, by clear and convincing evidence, that...

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