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CORTLAND-CLINTON v. DEPT. HEALTH

59 A.D.2d 228 (1977)

In the Matter of Cortland-Clinton, Inc., Doing Business as Cortland Nursing Home, Petitioner, v. New York State Department of Health et al., Respondents

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

November 4, 1977

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Frank S. Hagelberg of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Sidney Grossman, Ruth Kessler Toch and Anne S. Meadvin of counsel), for respondents.

MARSH, P. J., SIMONS, GOLDMAN and WITMER, JJ., concur.

CARDAMONE, J.

We are called upon to review whether the determination of respondent, Commissioner of New York State Department of Health, that petitioner, Cortland Nursing Home, was guilty of violating 10 NYCRR 730.15 (d) ("anticipated" or "actual termination" of "heat services" in the nursing home) was supported by substantial evidence. We conclude that it was not.

Petitioner, Cortland-Clinton, Inc.,...

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