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Matter of Inc. Village of Freeport v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 699 (N.Y. App. Div. 1989)

Opinion

February 27, 1989


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 respondents is supported by substantial evidence (see, Mental Hygiene Law § 41.34 [c]; Town of Ramapo v Webb, 137 A.D.2d 518). The petitioner failed to proffer any evidence, other than conclusory and speculative allegations that the establishment of the facility would cause an overconcentration of similar facilities, thereby altering the character of the area involved (see, Mental Hygiene Law § 41.34 [c]; Matter of Town of Bedford v State of N.Y. Off. of Mental Retardation Developmental Disabilities, 144 A.D.2d 473; Town of Ramapo v Webb, supra).

We have examined the petitioner's other contentions and find them to be without merit. Mollen, P.J., Mangano, Rubin and Kooper, JJ., concur.


Summaries of

Matter of Inc. Village of Freeport v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 699 (N.Y. App. Div. 1989)
Case details for

Matter of Inc. Village of Freeport v. Webb

Case Details

Full title:In the Matter of INCORPORATED VILLAGE OF FREEPORT, Petitioner, v. ARTHUR…

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

Date published: Feb 27, 1989

Citations

147 A.D.2d 699 (N.Y. App. Div. 1989)
538 N.Y.S.2d 306