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MATTER OF HUNTER'S CROSSING NEIGHBORHOOD ASSOCIATION v. MAUL

267 A.D.2d 1036 (1999)

700 N.Y.S.2d 629

In the Matter of HUNTER'S CROSSING NEIGHBORHOOD ASSOCIATION et al., Petitioners, v. THOMAS A. MAUL, as Commissioner of New York State office of Mental Retardation and Developmental Disabilities, Respondent.

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

Decided December 30, 1999.

Petition unanimously dismissed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding challenging respondent's determination, after a hearing, that 80 Kentucky Crossing in the Town of Greece (Town) is more suitable for a group home than alternative sites proposed by the Town (see, Mental Hygiene Law § 41.34). Before transferring the proceeding to us pursuant to CPLR 7804 (g), Supreme Court denied respondent's objection...

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