[DOWNLOAD] "Grasmere Homeowners Association Et Al. v. James E. Introne" by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Grasmere Homeowners Association Et Al. v. James E. Introne
• Author : Supreme Court of New York
• Release Date : January 16, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Consolidated proceedings pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the State Office of Mental Retardation and Developmental Disabilities, dated September 14, 1979, as, after a hearing, found that the establishment of community residence facilities at two contested locations would be appropriate. Determination confirmed insofar as reviewed, and consolidated proceedings dismissed on the merits, without costs or disbursements. The petitioner civic associations have legal standing to commence the instant CPLR article 78 proceedings. In Matter of Dairylea Coop. v Walkley (38 N.Y.2d 6), the Court of Appeals reiterated its approval of the test by which a petitioner who has shown both that the administrative action will harmfully affect him and that the interest asserted is arguably within the zone of interest to be protected by the statute, will be considered a proper party to seek judicial review. (See, also, Matter of Fritz v Huntington Hosp., 39 N.Y.2d 339, 346, where it was held that a statute envisaging the enforcement of rights without explicitly setting forth who shall have standing to maintain enforcement proceedings will not preclude a party from seeking judicial review where he has suffered injury in fact and arguably falls within the zone of interest.) The alleged injury herein is that the community will be oversaturated with facilities for the mentally disabled. The subject statute, section 41.34 of the Mental Hygiene Law, states which parties have the right to appeal to the Commissioner of the State Office of Mental Retardation and Developmental Disabilities from an adverse decision regarding site selection of a community residence facility (i.e., municipalities and sponsoring agencies). In Matter of Dairylea Coop. v Walkley (38 N.Y.2d 6, 11, supra), the Court of Appeals declared that "[merely] because Dairylea lacks the right to intervene in the underlying agency proceedings does not necessarily preclude judicial review". The zone of interest in this case may be [84 A.D.2d 778 Page 779]

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