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MATTER OF TOWN OF EDEN v. DELANEY

1069 TP 16-00256.

144 A.D.3d 1688 (2016)

2016 NY Slip Op 07810

41 N.Y.S.3d 820

In the Matter of TOWN OF EDEN, Petitioner, v. KERRY A. DELANEY, Acting Commissioner, New York State Office for People with Developmental Disabilities, Respondent.

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

Decided November 18, 2016.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging respondent's determination, made after a hearing, to permit the establishment of a community residential facility for the developmentally disabled within the Town of Eden, and the matter was transferred to this Court pursuant to CPLR...

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