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MATTER OF KALLEN v. DIST. 1199 NAT'L UNION OF HOSP. & HEALTH CARE EMPLOYEES, RWDSU, AFL-CIO

68 A.D.2d 813 (1979)

In the Matter of Herbert Kallen, Doing Business as Smithtown Nursing Home, Smithtown Senior Home and Smithtown Lodge, Respondent-Appellant, v. District 1199 National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, Respondent and Third-Party Petitioner-Appellant. Robert P. Whalen, as Commissioner of The New York State Department of Health, and as Receiver of The Smithtown Nursing Home, Smithtown Senior Home and Smithtown Lodge, et al., Third-Party Respondents-Appellants

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

March 6, 1979

Herbert Kallen, as owner and sole proprietor of Smithtown Nursing Home, Smithtown Senior Home and Smithtown Lodge, entered into a collective bargaining agreement with District 1199 covering the period August 1, 1975 to June 30, 1977. The agreement provided for arbitration of disputes arising thereunder. While arbitration was in progress between the parties, Kallen obtained appointment of the Commissioner of the New York State Department of Health as receiver of the afore...

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