Opinion
June 3, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
We find that the record contains substantial evidence to support a finding that the alternative site proposed by petitioner for a community residential facility was not the superior site, and as such, we must confirm the determination ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Stork Rest. v. Boland, 282 N.Y. 256). In addition, the fact that the determination was not rendered within 30 days of the hearing, pursuant to Mental Hygiene Law § 41.34 (c) (5), does not require annulment of that determination. We have previously held that the 30-day time requirement was directory rather than mandatory, and at least in cases such as this one in which there was no undue delay, the determination will not be annulled on that ground ( see, Town of Pleasant Val. v. Wassaic Developmental Disabilities Servs. Off., 92 A.D.2d 543). Lazer, J.P., Bracken, O'Connor and Brown, JJ., concur.