Summary
In Matter of Adkins v. Board of Appeals (199 A.D.2d 261), this court held that a municipality's imposition of a condition upon the petitioner's permit to operate an adult home was illegal, because "regulation of adult-care facilities has been preempted by the State".
Summary of this case from DeStefano v. Emergency Housing GroupOpinion
December 6, 1993
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly concluded that the regulation of adult-care facilities has been preempted by the State (see, Social Services Law § 460; 18 N.Y.CRR ch II, subch D; People v Town of Clarkstown, 160 A.D.2d 17). Any local restriction prohibiting conduct which the State finds acceptable is therefore invalid (see, Jancyn Mfg. Corp. v County of Suffolk, 71 N.Y.2d 91, 97; New York State Club Assn. v City of New York, 69 N.Y.2d 211, 217, affd 487 U.S. 1). Since the New York State Department of Social Services determined that the premises in question was being operated in compliance with applicable regulations, the appellants were without power to conclude otherwise, and the restrictions imposed by the appellants on the use of the premises were properly annulled. Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.