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MTR. OF SCHULTZ v. PUB. HEALTH COUNCIL

46 A.D.2d 580 (1975)

In the Matter of Daniel P. Schultz, Petitioner, v. Public Health Council, Department of Health of the State of New York, Respondent

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

February 20, 1975.

Attorney(s) appearing for the Case

Norton & Christensen (Henry N. Christensen, Jr., of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, KANE, MAIN and LARKIN, JJ., concur.

HERLIHY, P. J.

This is a proceeding pursuant to 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 Public Health Council which denied approval of the petitioner's application for establishment of a nursing home in Port Jervis, New York.

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