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MATTER OF FAIRFIELD NURSING HOME v. WHALEN

64 A.D.2d 802 (1978)

In the Matter of Fairfield Nursing Home, Petitioner, v. Robert P. Whalen, as Commissioner of Health of The State of New York, Respondent

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

July 27, 1978

Petitioner, Fairfield Nursing Home, is a skilled nursing facility located in the Riverdale section of Bronx County. In May, 1975, petitioner applied to respondent Commissioner of Health for approval, pursuant to article 28 of the Public Health Law, of its plan to add 12 beds to its facility. Respondent denied the application on the basis of a lack of public need (see Public Health Law, § 2802, subd 2). Petitioner requested a hearing. After taking testimony, respondent...

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