Broadacres Skilled Nursing Facility v. Axelrod — 105 A.D.2d 1158

Majority

p. 1158

In the Matter of Broadacres Skilled Nursing Facility, Respondent, v David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.

Order unanimously affirmed, with costs. Memorandum: We affirm for the reasons stated in Matter of Cortlandt Nursing Home v Axelrod ( 99 AD2d 105 , app dsmd 63 NY2d 772 ). We add only that since the State’s appeal from a prior order entered May 11, 1983 was dismissed, petitioner-respondent is now entitled to enforce each and every portion of that order (see CPLR 5519, subd e). (Appeal from order of Supreme Court, Oneida County, Stone, J. — art 78.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Cases cited

Cortlandt Nursing Home v. Axelrod 99 AD2d 105 N.Y. App. Div. 1984-02-02 p. 1158