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Tioga Nursing Home, Inc. v. Axelrod

60 N.Y.2d 717 Court N.Y. Decision date 1983-10-18 English

Contents

Majority

p. 717
Tioga Nursing Home, Inc., Appellant, v David Axelrod, as Commissioner of the Department of Health of the State of New York, et al., Respondents, et al., Defendant.
Argued September 14, 1983;
decided October 18, 1983
p. 720
APPEARANCES OF COUNSEL
James S. Gleason for appellant.
Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 90 AD2d 570 ). We would only add that to the extent that it can be argued that former regulation 10 NYCRR 86.16 was inconsistent with the purpose of article 28-A of the Public Health Law, that regulation does not control.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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