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MATTER OF HOFFMAN v. MOORE

70 A.D.2d 220 (1979)

In the Matter of Frank L. Hoffman, Jr., et al., Petitioners, v. Norman S. Moore, as Chairman of The Public Health Council, et al., Respondents

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

October 11, 1979

Attorney(s) appearing for the Case

Rosenstock & Turner (John G. Turner, Jr., of counsel), for petitioners.

Robert Abrams, Attorney-General (W. Alexander Melbardis and Shirley Adelson Siegel of counsel), for respondents.

SWEENEY, J. P., KANE, STALEY, JR., and HERLIHY, JJ., concur.

MAIN, J.

On September 21, 1973, Eden Park Health Services, Inc., was established by the Public Health Council to operate a group of eight nursing homes, and the sole stockholders of the corporation were Frank L. Hoffman and his wife, Mary Jayne Hoffman. Subsequently, on August 20, 1974, the Hoffmans entered into a voting trust agreement whereby Frank L. Hoffman was given the voting rights to all of the stock...

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