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SPRINGER v. WHALEN

92 Misc.2d 922 (1978)

Fred Springer, Plaintiff, v. Robert P. Whalen, as Commissioner of Health of the State of New York, Defendant.

Supreme Court, Special Term, Albany County.

January 30, 1978

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Cornelius D. Murray of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Edward J. Kelly of counsel), for defendant.

EDWARD S. CONWAY, J.

This is a motion by the plaintiff for an order enjoining defendant, both preliminarily and permanently, from applying subdivision 5 of section 2806 and section 2810 (subd 2, par a) of the Public Health Law to plaintiff, and from continuing any administrative hearings pursuant to said sections.

Plaintiff is the owner and operator of the Park Nursing Home and Rockaway Care Center,...

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