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MATTER OF MIRAMICHI NURSING HOME v. LAVINE

42 A.D.2d 570 (1973)

In the Matter of Miramichi Nursing Home, Petitioner, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

June 4, 1973

Determination confirmed and proceeding dismissed on the merits, without costs.

We are of the opinion that the Commissioner of Social Services properly concluded that petitioner had failed to establish that a waiver will not adversely affect the health and safety of the patients of the nursing home (U. S. Code, tit. 42, § 1396a, subd. [a], par. [28], cl. [F], subcl. [i]; Code of Fed. Reg., tit. 45, § 249.33; cf. McKinney v. Lavine,

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