MATTER OF JEWISH MEM'L HOSP. v. WHALEN


60 A.D.2d 804 (1978)

In the Matter of Jewish Memorial Hospital et al., Appellants, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, et al., Respondents

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

January 5, 1978


Unanimously reversed, on the law, without costs and without disbursements and vacated, and the motion to dismiss is denied, and respondents are directed to serve their answer within 20 days of service by petitioners-appellants upon respondents-respondents of a copy of the order to be entered herein with notice of entry, and the matter is remanded to Special Term for further proceedings.

The basis of the dismissal was the claim that petitioners had failed to exhaust...

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