1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 39 N.Y.2d
  5. 39 N.Y.2d 510 (1976)
 

MATTER OF LEVINE v. WHALEN

39 N.Y.2d 510 (1976)

In the Matter of Gerald Levine, Doing Business as Westmere Convalescent Home, Respondent, v. Robert P. Whalen, as Commissioner of Health, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John M. Dufur, Ruth Kessler Toch and Douglas S. Dales of counsel), for appellant.

Richard C. Johnson and F. Walter Bliss for respondent.

Cornelius D. Murray for New York State Health Facilities Association, Inc., amicus curiae.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan and Hillel Hoffman of counsel), amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

The State Commissioner of Health appeals from a judgment of the Appellate Division which annulled his determination revoking respondent's hospital operating certificate, declared section 2800 of the Public Health Law unconstitutional and remitted the matter for further proceedings.

Respondent, the operator of the Westmere Convalescent Home at Guilderland in Albany County, was charged on May...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases