Opinion
November 14, 1994
Adjudged, that the determination is confirmed and the proceeding is dismissed, on the merits, with costs to the respondent Commissioner of the Office of Mental Retardation and Developmental Disabilities.
As in the case of Matter of Village of Pomona v. Commissioner of Off. of Mental Retardation ( 209 A.D.2d 528), we conclude that the petitioner failed to meet its burden of establishing, by clear and convincing evidence, that the establishment of the facility in question will result in both an over-concentration of similar facilities in the area and a substantial alteration of the nature and character of the community (see, Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Health, 191 A.D.2d 572, 573).
We have considered the petitioner's remaining contention and find it to be without merit (see, Matter of Village of Pomona v Commissioner of Off. of Mental Retardation, 209 A.D.2d 528, supra). Bracken, J.P., Miller, Lawrence and Santucci, JJ., concur.