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MATTER OF BROOKHAVEN v. STATE OF NEW YORK OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

261 A.D.2d 408 (1999)

687 N.Y.S.2d 292

In the Matter of TOWN OF BROOKHAVEN, Petitioner, v. STATE OF NEW YORK OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Respondents.

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

Decided May 3, 1999.

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

The determination that the petitioner failed to sustain its burden by clear and convincing evidence that the nature and character of the area where the proposed facility would be located would be "substantially altered" as a result of the establishment of the proposed facility is supported by substantial evidence (see, Mental Hygiene Law §...

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