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Town of Gates v. State of New York Office of Mental Retardation & Developmental Disabilities

143 A.D.2d 517 Court N.Y. App. Div. Decision date 1988-09-27 English

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p. 517
In the Matter of Town of Gates, by Jack C. Hart et al., Constituting the Town Board of the Town of Gates, Petitioner, v State of New York Office of Mental Retardation and Developmental Disabilities, Respondent.

Determination unanimously confirmed and petition dismissed without costs, in accordance with the following memorandum: The Commissioner’s determination that none of the town’s proposed alternative sites for an adult community residential facility was "suitable” to "accommodate such a facility” (Mental Hygiene Law § 41.34 [c] [1] [B]) was rational insofar as it interpreted "suitable” to mean comparable to the agency’s proposed site in terms of its size and nature (see, Mental Hygiene Law § 41.34 [c] [4]). Such determination did not deprive the town of a meaningful opportunity to participate in the site-selection process. (Article 78 proceeding transferred by order of Supreme Court, Monroe County, Provenzano, J.) Present — Callahan, J. P., Denman, Boomer, Green and Law-ton, JJ.