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IN RE ADELPHI HOSPITAL CORP.

No. 786, Docket 77-5035.

579 F.2d 726 (1978)

In re ADELPHI HOSPITAL CORP., Bankrupt. Lawrence SARF, Trustee in Bankruptcy of Adelphi Hospital Corp., Appellee, v. NEW YORK STATE DEPARTMENT OF HEALTH, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellant.

Harold S. Berzow, New York City (Finkel & Goldstein, New York City, of counsel), for appellee.

Before FEINBERG, MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

This appeal presents the question whether the New York State Department of Health (Department of Health) may require of the trustee of a bankrupt hospital corporation that he maintain and store patients' medical records for a prescribed period of time, as it requires of solvent hospitals. The bankruptcy court, Joseph V. Costa, Judge, held that the Department could not, and that the bankruptcy trustee could accordingly abandon the records. In...

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