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MATTER OF TOWN OF KENT v. MAUL

262 A.D.2d 495 (1999)

692 N.Y.S.2d 134

In the Matter of TOWN OF KENT, Petitioner, v. THOMAS A. MAUL as Commissioner of State of New York office of Mental Retardation and Developmental Disabilitites, et al., Respondents.

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

Decided June 14, 1999.

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

While the notice sent by the respondents to the petitioner Town of Kent pursuant to Mental Hygiene Law § 41.34 (c) (1), provided erroneous information as to the existence of other community residential facilities located within the Town, the Town was aware of the existence of the facilities. Moreover, both before the site-selection hearing, and at the hearing...

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