Opinion
November 13, 1989
Adjudged that the determination is confirmed and the consolidated proceedings are dismissed on the merits, with one bill of costs payable by the Edgemont Neighborhood Community Association and the Town of Greenburgh to the respondents Commissioner of the New York State Office of Mental Health, Futura House Foundation, Inc., and Friends and Neighbors of Edgemont, Inc.
We conclude that the record contains substantial evidence to support the finding by the respondent Commissioner of the New York State Office of Mental Health that the alternative site proposed by the petitioners for a community residential facility was not a superior site (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181; Matter of Town of Brookhaven v Katz, 143 A.D.2d 1023; Town of Ramapo v Webb, 137 A.D.2d 518; Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760).
We have reviewed the petitioners' remaining contentions and find them to be without merit. Bracken, J.P., Kunzeman, Kooper and Balletta, JJ., concur.