Matter of City of Glen Cove

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentJul 22, 1991
175 A.D.2d 243 (N.Y. App. Div. 1991)
175 A.D.2d 243572 N.Y.S.2d 709

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July 22, 1991

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs to the respondent Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities.

The Commissioner used the proper standard when he found that the alternative sites suggested by the municipality, which had previously been rejected by the sponsoring agency, were not superior to the site proposed by the sponsoring agency (see, Matter of City of Glen Cove v Surles, 157 A.D.2d 657; Matter of Town of Brookhaven v Katz, 143 A.D.2d 1023; Town of Ramapo v Webb, 137 A.D.2d 518; Matter of Town of Oyster Bay v Webb, 111 A.D.2d 760). The record contains substantial evidence to support the Commissioner's determination that the alternative sites were not superior to the proposed site (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). The evidence did not establish that the community residential facility would substantially alter the character and nature of the neighborhood (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, State of N.Y. Off. of Mental Retardation Developmental Disabilities, 89 A.D.2d 850). Bracken, J.P., Lawrence, Miller and O'Brien, JJ., concur.