MATTER OF TOWN OF BOSTON v. NEW YORK STATE OFF. FOR PEOPLE WITH DEV. DISABILITIES

1045 TP 17-00220.

155 A.D.3d 1535 (2017)

64 N.Y.S.3d 800

2017 NY Slip Op 07803

In the Matter of TOWN OF BOSTON, Petitioner, v. NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, Respondent.

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

Decided November 9, 2017.


It is hereby ordered that the determination is 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 petitioner, and the matter was transferred to this Court pursuant to CPLR 7804 (g). We reject petitioner's contention that it was denied...

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