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MATTER OF TOWN OF MASSENA v. WHALEN

72 A.D.2d 838 (1979)

In the Matter of The Town of Massena, as Operator of Massena Memorial Hospital, Respondent, v. Robert P. Whalen, as Commissioner of Health of The State of New York, Appellant

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

November 8, 1979

On May 22, 1975 a survey team of the Department of Health inspected petitioner Massena Memorial Hospital and reported 85 alleged violations of the State Hospital Code (10 NYCRR Part 700 et seq.). A resurvey, conducted on November 6, 1975 and on December 2, 3, 5, and 24, 1975, indicated that many of the violations had been corrected, but that several violations still existed. Consequently, the Department of Health served petitioner with a "Notice of Hearing" and "Statement...

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