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MATTER OF TOWN OF MOUNT PLEASANT v. LOOMIS

2019-06899. Index No. 55157/19.

218 A.D.3d 779 (2023)

194 N.Y.S.3d 48

2023 NY Slip Op 03922

In the Matter of Town of Mount Pleasant, Petitioner, v. Peter S. Loomis et al., Respondents.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Harris Beach, PLLC, White Plains, NY ( Darius P. Chafizadeh and Christopher H. Feldman of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Ari J. Savitzky of counsel), for respondents Peter S. Loomis, Theodore Kastner, and New York State Office for People with Developmental Disabilities.

Zarin & Steinmetz, White Plains, NY ( David T. Steinmetz and Jody T. Cross of counsel), for respondent Young Adult Institute, Inc.

Wooten, J.P., Ford, Dowling and Wan, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the Acting Commissioner of the New York State Office for People with Developmental Disabilities dated March 4, 2019. The determination, after a hearing, in effect, rejected the petitioner's objection to the establishment of a community residential facility for developmentally disabled adults in the Town of Mount Pleasant and approved the proposed facility.

Adjudged that the petition is denied and...

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