MATTER OF YANDEL v. WHALEN


70 A.D.2d 882 (1979)

In the Matter of Florian Yandel, Jr., Petitioner, v. Robert P. Whalen, as Commissioner of Health of The State of New York, et al., Respondents

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

June 4, 1979


Petition granted, determination annulled, on the law, with costs, and the charges against the petitioner are dismissed.

At the hearing the officer presiding explicitly excluded the charge that the petitioner illegally transferred ownership of the Ramapo General Hospital to one not approved by the Public Health Council because petitioner had not received adequate notice of that charge. To rule on the issue after the hearing ended, as was done here, and conclude that...

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