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  5. 41 N.Y.2d 837 (1977)
 

MATTER OF SANDS POINT NURSING HOME v. INGRAHAM

41 N.Y.2d 837 (1977)

In the Matter of Sands Point Nursing Home, Appellant, v. Hollis S. Ingraham, as Commissioner of Health of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1977.

Attorney(s) appearing for the Case

Stanley H. Lowell and Richard L. Brenner for appellant.

Louis J. Lefkowitz, Attorney-General (Amy Juviler and Samuel A. Hirshowitz of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in an opinion.

Order affirmed, with costs, on the memorandum at the Appellate Division (48 A.D.2d 897).

FUCHSBERG, J. (dissenting).

I believe the order of the Appellate Division should be reversed and the judgment of the Supreme Court reinstated.

It is conceded that the petitioner's conditional purchase agreement was not finalized until the purchase price was expressly approved as a basis for property cost reimbursement...

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