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FOX MEM HOSP v. WHALEN

55 A.D.2d 495 (1977)

In the Matter of Aurelia Osborn Fox Memorial Hospital Society, as Operator of Aurelia Osborn Fox Nursing Home of Oneonta, Appellant, v. Robert P. Whalen, as Commissioner of Health of The State of New York, Respondent

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

January 27, 1977

Attorney(s) appearing for the Case

Harrington & Bookhout (Richard J. Bookhout of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Ruth Kessler Toch of counsel), for respondent.

SWEENEY, MAIN, LARKIN and HERLIHY, JJ., concur.

GREENBLOTT, J. P.

Petitioner operates a nursing home facility in Oneonta, New York. A February, 1975 inspection of petitioner's facility by employees of the New York State Department of Health revealed certain alleged violations of the State Hospital Code (10 NYCRR Part 700). Another inspection in June, 1975 revealed that most of the violations had been corrected, even though no notice of any such violations...

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