Opinion
November 15, 1995
Appeal from the Supreme Court, Wayne County, Strobridge, J.
Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities that it is in John F.'s best interest to remain a resident at the 508 Church Street Intermediate Care Facility is supported by substantial evidence ( see, Matter of Caputo v Webb, 139 A.D.2d 735; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 179-181).