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MTR. OF BACON v. LAVINE

40 A.D.2d 344 (1973)

In the Matter of Patricia Bacon et al., Petitioners, v. Abe Lavine, as Commissioner of Social Services of The State of New York, et al., Respondents

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

January 25, 1973.

Attorney(s) appearing for the Case

Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (William H. Helferich, III, of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (James H. Sweeney and Ruth Kessler Toch of counsel), for respondents.

HERLIHY, P. J., STALEY, JR., COOKE and MAIN, JJ., concur.

KANE, J.

This is a proceeding under CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of the Department of Social Services decertifying Elmhurst Sanitarium as a provider of skilled nursing home care in accordance with the provisions of...

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