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MATTER OF KEW GARDENS SANITARIUM, INC. v. TRUSSELL

20 A.D.2d 717 (1964)

In the Matter of Kew Gardens Sanitarium, Inc., et al., Respondents, v. Ray E. Trussell, as Commissioner of Hospitals of The City of New York, Appellant, and Department of Social Welfare of the State of New York et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 17, 1964

Order appealed from reversed on the law and the facts, without costs, and matter remitted to the Special Term: (a) for the purpose of holding hearings and taking plenary proof of all the relevant facts and circumstances with respect to this issue: On April 4, 1956, when section 35-b of the Social Welfare Law became effective, who was then the actual licensee who was permitted or authorized to operate the Kew Gardens General Hospital as a private proprietary hospital?; and...

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