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MTR. OF BLUE v. WHALEN

57 A.D.2d 240 (1977)

In the Matter of Norton Blue et al., Doing Business as New Paltz Nursing Home, Respondents, v. Robert P. Whalen, as Commissioner of Health of The State of New York, Appellant

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

May 12, 1977

Attorney(s) appearing for the Case

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

O'Connell & Aronowitz (Cornelius D. Murray of counsel), for respondents.

KOREMAN, P. J., GREENBLOTT, MAIN and LARKIN, JJ., concur.

HERLIHY, J.

The petitioners are the owners and operators of a 79-bed nursing home enterprise in New Paltz, New York. The enterprise is licensed by the Department of Health and the appellant pursuant to article 28 of the Public Health Law. The petitioners have accepted medicaid patients pursuant to a so-called "provider" agreement signed by the petitioner, Norton Blue, and apparently filed with the Department...

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