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MTR. OF LEVINE v. WHALEN

50 A.D.2d 503 (1976)

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

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

January 22, 1976

Attorney(s) appearing for the Case

Richard C. Johnson for petitioner.

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

O'Connell & Aronowitz (Cornelius D. Murray of counsel), on behalf of Health Facilities Assn, Inc., amicus curiae.

SWEENEY and KOREMAN, JJ., concur with KANE, J.; HERLIHY, P. J., concurs in a separate opinion; LARKIN, J., dissents and votes to affirm in an opinion.

KANE, J.

Since 1951, petitioner has been operating a nursing home at Guilderland, New York, pursuant to certification by the State. On May 28, 1974 he received notice that a hearing was to be held to determine whether his hospital operating certificate should be revoked for violation of article 28 of the Public Health Law and the regulations promulgated thereunder (10 NYCRR Parts 702, 711, 713, 730, 731), the...

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