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  5. 44 N.Y.2d 745 (1978)
 

MATTER OF SPIEGEL v. WHALEN

44 N.Y.2d 745 (1978)

In the Matter of William Spiegel et al., Individually and as a Partnership Doing Business as University Nursing Home, Respondents, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Rosalind Fink, Samuel A. Hirshowitz and Marion R. Buchbinder of counsel), for appellants.

Julius J. Rosen and Keith A. Taylor for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

After the disqualification of one of two partners authorized to operate this nursing home, the Public Health Council and the Commissioner of Health were not obliged to continue such authorization, initially granted the partnership, for the benefit of the remaining partner alone.

Two separate authorizations are now prerequisites for the operation of a nursing home — a grant of "establishment...

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