Opinion
March 15, 1993
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The Commissioner properly considered the need for the proposed residence facility within Nassau County as a whole and was not required to look to the need of the town or the particular community (see, Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Dev. Disabilities, 121 A.D.2d 388, 389). In contesting the establishment of the proposed community residence facility, the Town failed to meet its burden of adducing concrete and convincing evidence that the establishment of the facility 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, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Health, 166 A.D.2d 709). Moreover, the Commissioner's determination was supported by substantial evidence (see, CPLR 7803).
The Town's remaining contention is without merit. Bracken, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.