Incorporated Village of Nyack v. Daytop Village, Inc.

Summary

The New York Court of Appeals held that the Mental Hygiene Law does not preempt the Village of Nyack's zoning ordinance, reversing the Appellate Division. Accordingly, Daytop must obtain a variance and a certificate of occupancy before operating its residential substance‑abuse facility. The decision rests on an analysis of legislative intent and the lack of an express withdrawal of local zoning authority.