Town of Gates v. State of New York Office of Mental Retardation & Developmental Disabilities

Appellate Division of the Supreme Court of New York

Town of Gates v. State of New York Office of Mental Retardation & Developmental Disabilities

143 A.D.2d 517, 533 N.Y.S.2d 160, 1988 N.Y. App. Div. LEXIS 10649

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

DecidedSeptember 27, 1988

StatusPublished

Cited by2 cases

This text of 143 A.D.2d 517 (Town of Gates v. State of New York Office of Mental Retardation & Developmental Disabilities) 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.

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Town of Gates v. State of New York Office of Mental Retardation & Developmental Disabilities, 143 A.D.2d 517, 533 N.Y.S.2d 160, 1988 N.Y. App. Div. LEXIS 10649 (N.Y. Ct. App. 1988).

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Opinion

Determination unanimously confirmed and petition dismissed without costs, in accordance with the following memorandum: The Commissioner’s determination that none of the town’s proposed alternative sites for an adult community residential facility was "suitable” to "accommodate such a facility” (Mental Hygiene Law § 41.34 [c] [1] [B]) was rational insofar as it interpreted "suitable” to mean comparable to the agency’s proposed site in terms of its size and nature (see, Mental Hygiene Law § 41.34 [c] [4]). Such determination did not deprive the town of a meaningful opportunity to participate in the site-selection process. (Article 78 proceeding transferred by order of Supreme Court, Monroe County, Provenzano, J.) Present — Callahan, J. P., Denman, Boomer, Green and Law-ton, JJ.

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Determination unanimously confirmed and petition dismissed without costs, in accordance with the following memorandum: The Commissioner’s determination that none of the town’s proposed alternative sites for an adult community residential facility was "suitable” to "accommodate such a facility” (Mental Hygiene Law § 41.34 [c] [1] [B]) was rational insofar as it interpreted "suitable” to mean comparable to the agency’s proposed site in terms of its size and nature (see, Mental Hygiene Law § 41.34 [c] [4]). Such determination did not deprive the town of a meaningful opportunity to participate in the site-selection process. (Article 78 proceeding transferred by order of Supreme Court, Monroe County, Provenzano, J.) Present — Callahan, J. P., Denman, Boomer, Green and Law-ton, JJ.

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143 A.D.2d 517, 533 N.Y.S.2d 160, 1988 N.Y. App. Div. LEXIS 10649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-gates-v-state-of-new-york-office-of-mental-retardation-nyappdiv-1988.

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