MATTER OF THE DOBBS FERRY HOSP. ASS'N v. WHALEN


62 A.D.2d 999 (1978)

In the Matter of The Dobbs Ferry Hospital Association, 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, Second Department.

April 3, 1978


Judgment reversed and determination annulled, on the law, with costs, and matter remitted to the respondent for reconsideration of the merits of petitioner's application for approval of construction plans.

The petitioner operates a hospital located in Dobbs Ferry, New York, and holds an operating certificate for 50 beds. Currently only 39 beds are in use because a portion of the hospital is not fire resistant and is therefore unusable. In 1972 petitioner filed an...

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