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MATTER OF TOWN OF CLARKSTOWN v. HOWE

205 A.D.2d 635 (1994)

613 N.Y.S.2d 269

In the Matter of Town of Clarkstown, Petitioner, v. Elin M. Howe, as Commissioner of The New York State Office of Mental Retardation and Developmental Disabilities, et al., Respondents

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

June 13, 1994

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We find that the Commissioner's determination was supported by substantial evidence. In assessing the need for the facility within the municipality, the Commissioner properly considered the need within Rockland County and was not required to look only to the need of the Town or the particular area (see, Matter of Town of Hempstead v Commissioner of State...

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