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PARK EAST CORP. v. WHELAN

47 A.D.2d 296 (1975)

In the Matter of Park East Corporation et al., Petitioners, and Park East Hospital et al., Intervening Petitioners, v. Robert P. Whelan, as Acting Commissioner of Health of The State of New York, Respondent

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

April 15, 1975

Attorney(s) appearing for the Case

Robert R. MacDonnell of counsel (Loren G. Lavine with him on the brief; Trubin Sillcocks Edelman & Knapp, attorneys), for intervening petitioners.

Martin I. Shelton of counsel (Ira Postel with him on the brief; Shea Gould Climenko Kramer & Casey, attorneys), for petitioners.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for respondent.

STEVENS, P. J., MARKEWICH, LUPIANO and CAPOZZOLI, JJ., concur.

KUPFERMAN, J.

Petitioners own two proprietary hospitals in Manhattan pursuant to operating certificates issued by the Commissioner of Health. No question has been raised about the hospitals' proper method of operation nor about their service to the community.

In 1971, the owners of the stock of the domestic corporations that operated these two hospitals, all but one of whom are nonresidents living in...

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