MATTER OF CHAMBERY v. LAVINE


42 A.D.2d 836 (1973)

In the Matter of Thomas Chambery et al., Doing Business as Maplewood Sanitarium, Petitioners, 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, Fourth Department.

July 6, 1973


Determination unanimously annulled with costs, and matter remitted to respondents for further proceedings in accordance with the following memorandum: Petitioners brought this article 78 proceeding to annul respondents' determination that petitioners' nursing home in Rochester was not entitled to a waiver of the strict application of the provisions of the Life Safety Code of the National Fire Protective Association (21st ed., 1967) because petitioners had failed to show that...

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