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LONG IS. HOME v. WHALEN

62 A.D.2d 23 (1978)

Long Island Home, Limited, Respondent, v. Robert P. Whalen, as Commissioner of Health, et al., Appellants

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

April 6, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for appellants.

Rosenman, Colin, Freund, Lewis & Cohen (Martin D. Juvelier of counsel), for respondent.

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

HERLIHY, J.

The plaintiff was incorporated in 1887 and has operated the South Oaks psychiatric hospital in Amityville, Suffolk County, since its incorporation. This hospital is subject to the supervision of the State Department of Mental Hygiene. In 1952, plaintiff established a 40-bed nursing home, and in 1974 that home was expanded to 80 beds and a 120-bed health-related facility was added. The nursing home...

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