MATTER OF KOELBL v. WHALEN


63 A.D.2d 408 (1978)

In the Matter of Lieselotte Koelbl et al., Doing Business as Palatine Nursing Home, Petitioners, v. Robert P. Whalen, as Commissioner of the Department of Health of The State of New York, Respondent

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

July 13, 1978


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Evalyn G. Basloe of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (John M. Dufur and Ruth Kessler Toch of counsel), for respondent.

KANE, STALEY, JR., MAIN and LARKIN, JJ., concur.


MAHONEY, P. J.

In March, 1976 the petitioners (operators of the Palatine Nursing Home) were served with a notice charging 114 violations of the State Hospital Code1 (10 NYCRR Part 700 et seq.), which code was promulgated pursuant to article 28 of the Public Health Law. After a hearing and the decision of the hearing officer (finding petitioners guilty on most of the charges...

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