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HAMPTONS HOSP v. MOORE

74 A.D.2d 30 (1980)

In the Matter of Hamptons Hospital & Medical Center, Inc., Appellant, v. Norman S. Moore, as Chairman of the Public Health Council of The State of New York, et al., Respondents

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

April 7, 1980

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy (Adlai S. Hardin, Jr., Dorothy A. Doherty and Stephen J. Blauner of counsel), for appellant.

Robert Abrams, Attorney-General (Joseph W. Henneberry and George D. Zuckerman of counsel), for respondents.

HOPKINS, J. P., TITONE and GULOTTA, JJ., concur.

COHALAN, J.

This CPLR article 78 proceeding was commenced to enjoin the respondents, inter alia, from re-evaluating a favorable initial determination of public need for the establishment of a proposed hospital at Eastport in Suffolk County. The Supreme Court, Special Term, entered a judgment on April 25, 1979, which dismissed the petition. This appeal followed.

We reverse.

The facts reveal...

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