Opinion
2002-03991
Argued May 29, 2003.
June 16, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities dated December 20, 2001, which, after a hearing, rejected the petitioner's objections to the establishment of a community residential facility for the disabled in the Village of Wappingers Falls.
Vergilis, Stenger, Roberts, Pergament Viglotti, Wappingers Falls, N.Y. (Karen P. MacNish and Louis J. Viglotti of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the determination of the Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities was supported by substantial evidence. The petitioner failed to demonstrate that the establishment of the subject community residential facility would result in an overconcentration of the same or similar facilities so as to substantially alter the nature and character of the area (see Mental Hygiene Law § 41.34[c]; Matter of Jennings v. New York State Off. of Mental Health, 90 N.Y.2d 227; Matter of Town of Kent v. Maul, 262 A.D.2d 495; Matter of Town of Oyster Bay v. Maul, 231 A.D.2d 580; Matter of Town of Southeast v. Maul, 225 A.D.2d 784; Matter of Cedar Grove Civic Homeowners Assn. v. Maul, 225 A.D.2d 618).
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.