Opinion
February 1, 1991
Appeal from the Supreme Court, Nassau County, Robbins, J.
Present — Denman, J.P., Green, Balio, Davis and Lowery, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The Town of Hempstead commenced this proceeding pursuant to CPLR article 78, challenging the determination of the Commissioner of the State of New York Office of Mental Health (Commissioner), dated August 11, 1989, which, after a hearing, permitted Pilgrim Psychiatric Center to proceed with the establishment of a community residential facility for 11 mentally disabled adults, over the Town's objections, at 3531 Oceanside Road, Oceanside, New York. We find that there is substantial evidence in the record to support the Commissioner's determination that the proposed facility is needed (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; see also, Matter of Town of Brunswick v Webb, 145 A.D.2d 844; Matter of City of Newburgh v Webb, 124 A.D.2d 371, 372).
Additionally, the record supports the Commissioner's determination that the Town did not demonstrate, by evidence of a "concrete and * * * convincing nature" (Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388, 389), that the proposed facility would cause an oversaturation of similar facilities in the area to such an extent that "the nature and character of the areas within the municipality would be altered" (Grasmere Homeowners' Assn. v Introne, 84 A.D.2d 778, 779; see also, Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Health ([appeal No. 1], 170 A.D.2d 1050 [decided herewith]; Matter of Town of Bedford v State of N Y Off. of Mental Retardation Developmental Disabilities, 144 A.D.2d 473, 474; Town of Ramapo v Webb, 137 A.D.2d 518; Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, supra, at 389).
Finally, the traffic and safety concerns urged by petitioner were properly rejected because they lack evidentiary support in the record (see, Matter of Town of Brunswick v Webb, supra, at 845; Matter of Town of Hempstead v Commissioner of State of N Y Off. of Mental Retardation Developmental Disabilities, supra, at 1043).