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MATTER OF TOWN OF HEMPSTEAD v. COMM'R OF THE STATE OF NEW YORK OFFICE OF MENTAL HEALTH

200 A.D.2d 675 (1994)

606 N.Y.S.2d 756

In the Matter of Town of Hempstead, Petitioner, v. Commissioner of the State of New York Office of Mental Health et al., Respondents

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

January 24, 1994

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

The Commissioner's determination was supported by substantial evidence and was not arbitrary and capricious. In assessing the need for the facility within the municipality, the Commissioner properly considered the need within Nassau County and was not required to look only to the need of the town or the particular area (see, Matter of Town...

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