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LONG ISLAND HOME v. WHALEN

87 Misc.2d 1008 (1976)

Long Island Home, Limited, Plaintiff, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

August 4, 1976

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil (Andrew J. Schoen and Martin D. Juvelier of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for defendants.

GEORGE L. COBB, J.

In an action for declaratory and injunctive relief, plaintiff and defendants have each moved for summary judgment.

Since the plaintiff was organized as a stock corporation in 1887, it has operated a psychiatric hospital in Suffolk County. In 1952, it opened a nursing home on the same grounds and in 1974, it added a new health related facility. Plaintiff now has 280 beds in its psychiatric...

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