HURLBUT v. WHALEN


88 Misc.2d 308 (1976)

Robert H. Hurlbut, Doing Business as Seneca Nursing Home, Plaintiff, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, et al., Defendants.

Supreme Court, Monroe County.

October 7, 1976


Attorney(s) appearing for the Case

Harter, Secrest & Emery (William H. Helferich, III, of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Arthur Patane of counsel), for defendants.


MARSHALL E. LIVINGSTON, J.

This is a declaratory judgment action in which plaintiff seeks a partial summary judgment.

Plaintiff is the sole proprietor of Seneca Nursing Home (Seneca), a nursing home and health-related facility located in Waterloo, New York. It began operations in October, 1973 and is engaged in rendering nursing home care and related health facilities to patients eligible to receive...

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