Opinion
April 30, 1990
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The Commissioner's determination was supported by substantial evidence. In assessing the need for the facility within the municipality, the Commissioner properly considered the need within Nassau County and was not required to look only to the need of the town or the particular area (see, Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388).
Furthermore, the petitioner failed to demonstrate that the establishment of this 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] [5]; Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 112 A.D.2d 1042).
We have considered the petitioner's other contentions and find them to be without merit. Lawrence, J.P., Eiber, Rosenblatt and Miller, JJ., concur.