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MATTER OF ENGELSHER v. JACOBS

5 N.Y.2d 370 (1959)

In the Matter of Charles L. Engelsher, as Director, Owner and Licensee of Parkchester General Hospital, Appellant, v. Morris A. Jacobs, as Commissioner of Hospitals of the City of New York and as Chairman of the Board of Hospitals of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 13, 1959.

Attorney(s) appearing for the Case

Menahem Stim and Allen S. Stim for appellant.

Raymond Rubin for Association of Private Hospitals, Inc., amicus curiæ, in support of appellant's position.

Charles H. Tenney, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Joseph Entel of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE and FULD concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Judge FROESSEL concurs.

BURKE, J.

This article 78 proceeding was instituted by petitioner to compel the Board of Hospitals of the City of New York to issue to him a license permitting him to operate a private proprietary hospital. The board had denied the application since petitioner had not complied with new regulations of the New York City Hospital Code, which became effective on October 1...

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