In re City of Glen Cove

Appellate Division of the Supreme Court of New York

In re City of Glen Cove

175 A.D.2d 243, 572 N.Y.S.2d 709, 1991 N.Y. App. Div. LEXIS 10995

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 22, 1991

StatusPublished

Cited by2 cases

This text of 175 A.D.2d 243 (In re City of Glen Cove) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re City of Glen Cove, 175 A.D.2d 243, 572 N.Y.S.2d 709, 1991 N.Y. App. Div. LEXIS 10995 (N.Y. Ct. App. 1991).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, dated August 30, 1989, which, after a hearing, [244]*244upheld the plan of Nassau Association for the Help of Retarded Children to establish a community residence for retarded and developmentally disabled persons at a proposed site in Glen Cove and rejected alternate sites proposed by the City of Glen Cove.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs to the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities.

The Commissioner used the proper standard when he found that the alternative sites suggested by the municipality, which had previously been rejected by the sponsoring agency, were not superior to the site proposed by the sponsoring agency (see, Matter of City of Glen Cove v Surles, 157 AD2d 657; Matter of Town of Brookhaven v Katz, 143 AD2d 1023; Town of Ramapo v Webb, 137 AD2d 518; Matter of Town of Oyster Bay v Webb, 111 AD2d 760). The record contains substantial evidence to support the Commissioner’s determination that the alternative sites were not superior to the proposed site (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). The evidence did not establish that the community residential facility would substantially alter the character and nature of the neighborhood (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v Commissioner of State of N. Y. Off. of Mental Retardation & Developmental Disabilities, 121 AD2d 388; Town of Hempstead v Commissioner, State of N. Y. Off. of Mental Retardation & Developmental Disabilities, 89 AD2d 850). Bracken, J. P., Lawrence, Miller and O’Brien, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, dated August 30, 1989, which, after a hearing, [244]*244upheld the plan of Nassau Association for the Help of Retarded Children to establish a community residence for retarded and developmentally disabled persons at a proposed site in Glen Cove and rejected alternate sites proposed by the City of Glen Cove.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs to the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities.

The Commissioner used the proper standard when he found that the alternative sites suggested by the municipality, which had previously been rejected by the sponsoring agency, were not superior to the site proposed by the sponsoring agency (see, Matter of City of Glen Cove v Surles, 157 AD2d 657; Matter of Town of Brookhaven v Katz, 143 AD2d 1023; Town of Ramapo v Webb, 137 AD2d 518; Matter of Town of Oyster Bay v Webb, 111 AD2d 760). The record contains substantial evidence to support the Commissioner’s determination that the alternative sites were not superior to the proposed site (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). The evidence did not establish that the community residential facility would substantially alter the character and nature of the neighborhood (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v Commissioner of State of N. Y. Off. of Mental Retardation & Developmental Disabilities, 121 AD2d 388; Town of Hempstead v Commissioner, State of N. Y. Off. of Mental Retardation & Developmental Disabilities, 89 AD2d 850). Bracken, J. P., Lawrence, Miller and O’Brien, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

175 A.D.2d 243, 572 N.Y.S.2d 709, 1991 N.Y. App. Div. LEXIS 10995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-city-of-glen-cove-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack