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  5. 245 A.D.2d 1116 (1997)
 

MATTER OF TOWN OF GATES v. COMM'R OF NEW YORK STATE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES

245 A.D.2d 1116 (1997)

667 N.Y.S.2d 568

In the Matter of Town of Gates, Petitioner, v. Commissioner of 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, Fourth Department.

December 31, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination of respondent Commissioner of New York State Office of Mental Retardation and Developmental Disabilities (Commissioner), rejecting the objections of petitioner to the establishment of a residential facility for developmentally disabled adults in the Town of Gates (Town) (see, Mental Hygiene Law § 41.34 [c] [5]), is neither arbitrary nor capricious...

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