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Matter of Talisman Drive Civic Ass'n v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1988
138 A.D.2d 610 (N.Y. App. Div. 1988)

Opinion

March 21, 1988


Adjudged that the determination is confirmed and proceeding is dismissed on the merits, with costs.

It is well settled that the party contesting the establishment of a community residential facility for the disabled must show that it will result in a concentration of the same or similar facilities such that the nature and character of the area will be altered (see, Mental Hygiene Law § 41.34 [c] [5]; Matter of Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 121 A.D.2d 388; Town of Hempstead v. Commissioner of State of N.Y. Off. of Mental Retardation Developmental Disabilities, 119 A.D.2d 582; see generally, Crane Neck Assn. v. New York City/Long Is. County Servs. Group, 61 N.Y.2d 154, appeal dismissed and cert denied 469 U.S. 804). Such challenges may only be sustained when the evidence offered in opposition is of a concrete and convincing nature (see, Grasmere Homeowners' Assn. v. Introne, 84 A.D.2d 778). The record reveals that the petitioner failed to offer evidence of that nature and that the respondent Webb's determination was supported by substantial evidence (see, Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176).

We note that, contrary to the respondents' contention, the petitioner did have standing to commence the instant proceeding (see, Grasmere Homeowners' Assn. v. Introne, supra). Thompson, J.P., Brown, Weinstein and Sullivan, JJ., concur.


Summaries of

Matter of Talisman Drive Civic Ass'n v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1988
138 A.D.2d 610 (N.Y. App. Div. 1988)
Case details for

Matter of Talisman Drive Civic Ass'n v. Webb

Case Details

Full title:In the Matter of TALISMAN DRIVE CIVIC ASSOCIATION, INC., Petitioner, v…

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

Date published: Mar 21, 1988

Citations

138 A.D.2d 610 (N.Y. App. Div. 1988)

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