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SCHWARTZBERG v. WHALEN

99 Misc.2d 711 (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, Respondent. Instlcorp, Inc., Intervenor-Respondent.

Supreme Court, Special Term, Albany County.

March 21, 1979

Attorney(s) appearing for the Case

Marvin L. Tenzer for petitioners. Robert Abrams, Attorney-General (John M. Dufur of counsel), for respondent. Rosan & Rosan (Robert J. Rosan of counsel), for intervenor-respondent.

ROBERT F. DORAN, J.

By order dated February 13, 1979, the Commissioner of Health was, pursuant to subdivision 2 of section 2810 of the Public Health Law, appointed by this court as receiver of the Kings Harbor Care Center (Kings Care), a 360-bed, residential, skilled nursing facility and Kings Harbor Manor Facility (Kings Manor), a 360-bed, health-related facility. At 11:45 A.M. on February 14, 1979, the receiver presented the order to the administrator...

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