New York Court of Appeals

In the Matter of Gerald D. Jennings, as Mayor of the City of Albany v. New York State Office of Mental Health

June 12, 199790 N.Y.2d 227

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the City’s article 78 petition, holding that the Commissioner’s determination that the proposed residential facility would not substantially alter the nature and character of the neighborhood is supported by substantial evidence and is entitled to deference. The Court affirmed the proper standard of review and clarified the statutory requirements under Mental Hygiene Law § 41.34.