MATTER OF WHEEL CHAIR HOME, INC. v. BUSCAGLIA


48 N.Y.2d 748 (1979)

In the Matter of Wheel Chair Home, Inc., Appellant, v. Fred J. Buscaglia, as Erie County Commissioner of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 25, 1979.


Attorney(s) appearing for the Case

Norman E. Joslin and Richard H. Murphy for appellants.

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

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. Since the language of the contracts between petitioner and its residents Webster, Race and Anderson, and the testimony of Miss Anderson, made clear the home's obligation to provide for each a home and care for life, the Commissioner of Social Services' treatment of those contracts as life care contracts was neither arbitrary nor erroneous....

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