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Matter of Town of Brookhaven v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1988
143 A.D.2d 1023 (N.Y. App. Div. 1988)

Opinion

October 31, 1988


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contentions, the Commissioner's determination, which rejected its objections to the establishment of a community residential facility at the location selected by the respondent Commissioner Webb, is supported by substantial evidence (see, Mental Hygiene Law § 41.34 [c]; Town of Ramapo v Webb, 137 A.D.2d 518). Moreover, the petitioner failed to proffer any evidence demonstrating that the establishment of the facility will cause an overconcentration of similar facilities, thereby altering the character of the area involved (see, Mental Hygiene Law § 41.34 [c]; Town of Ramapo v Webb, supra), or that the alternate sites it proposed were superior to that selected by the respondent Commissioner Webb (see, Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760).

We have reviewed the petitioner's remaining contentions and find them to be without merit. Eiber, J.P., Kooper, Spatt and Harwood, JJ., concur.


Summaries of

Matter of Town of Brookhaven v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1988
143 A.D.2d 1023 (N.Y. App. Div. 1988)
Case details for

Matter of Town of Brookhaven v. Katz

Case Details

Full title:In the Matter of TOWN OF BROOKHAVEN, Petitioner, v. STEVEN E. KATZ, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1988

Citations

143 A.D.2d 1023 (N.Y. App. Div. 1988)

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