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SCHWARTZBERG v. WHALEN

99 Misc.2d 702 (1979)

Albert Schwartzberg et al., Doing Business as Kings Harbor Care Center, et al., Petitioners, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, et al., Respondents. (Proceeding No. 1.) Albert Schwartzberg et al., Doing Business as Kings Harbor Care Center, et al., Petitioners, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent. (Proceeding No. 2.)

Supreme Court, Special Term, Albany County.

February 2, 1979

Attorney(s) appearing for the Case

Marvin L. Tenzer for petitioners. Robert Abrams, Attorney-General (John M. Dufur of counsel), for respondents.

ROBERT F. DORAN, J.

Pursuant to the Public Health Law, the petitioners are the owners and licensed operators of the Kings Harbor Care Center ("Kings Care"), a 360-bed, residential, skilled nursing facility, and the Kings Harbor Manor Facility ("Kings Manor"), a 360-bed, health-related facility. Kings Care and Kings Manor have been separately and continuously licensed by the Department of Health since 1973 and...

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