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MATTER OF BEECH HILL CIVIC ASS'N, INC. v. HOWE

205 A.D.2d 758 (1994)

613 N.Y.S.2d 694

In the Matter of Beech Hill Civic Association, Inc., et al., Petitioners, v. Elin M. Howe, as Commissioner of The New York State Office of Mental Health, et al., Respondents

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

June 27, 1994

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

Initially, the failure of the Westchester Association for Retarded Children to notify the "chief executive officer" of the City of Yonkers (hereinafter the City) of its intention to establish the proposed facility at the subject site, as required by Mental Hygiene Law § 41.34 (c) (1), was harmless and did not invalidate...

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