Opinion
February 1, 1988
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner has failed to demonstrate that the facility will cause an overconcentration of similar facilities which would alter the nature and character of the area (see, Matter of Town of Hempstead v Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388). Moreover, the Commissioner's determination to the contrary was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176; Town of Hempstead v Commissioner, State of N.Y. Off. of Mental Retardation Developmental Disabilities, 89 A.D.2d 850).
We further conclude that the record contains substantial evidence to support the Commissioner's finding that the alternative site proposed by the petitioner for a community residential facility was not a superior site (see, Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760). Bracken, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.