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SOMERS MANOR NURSING HOME, INC. v. WHALEN

52 A.D.2d 998 (1976)

Somers Manor Nursing Home, Inc., Respondent, v. Robert P. Whalen, as Commissioner of The New York State Department of Health, Appellant

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

May 20, 1976

In this proceeding the appellant does not dispute the petitioner's allegation that subsequent to the denial of an application for approval to place additional beds in its nursing home facility, the right to a "public hearing" as provided in subdivision 5 of section 2802 was duly demanded in March of 1974 and since that time the appellant had refused to actually conduct such a hearing. Over one year had passed as of the time the article...

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