MATTER OF TOWN OF SOUTHAMPTON v. NEW YORK STATE OFFICE OF MENTAL HEALTH


237 A.D.2d 614 (1997)

655 N.Y.S.2d 647

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

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

March 31, 1997


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs, payable to the respondents appearing separately and filing separate briefs.

A party contesting the establishment of a community residential facility must demonstrate by clear and convincing evidence that the residence would create an overconcentration of similar facilities such that the nature and character of the area would be substantially altered...

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