MATTER OF VILLAGE OF WAPPINGERS FALLS v. MAUL


306 A.D.2d 416 (2003)

762 N.Y.S.2d 250

In the Matter of VILLAGE OF WAPPINGERS FALLS, Petitioner, v. THOMAS A. MAUL, as Commissioner of 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 June 16, 2003.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contention, the determination of the Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities was supported by substantial evidence. The petitioner failed to demonstrate that the establishment of the subject community residential facility would result...

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