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SCHWARTZBERG v. WHALEN

75 A.D.2d 273 (1980)

In the Matter of Albert Schwartzberg et al., Respondents, v. Robert P. Whalen, as Commissioner of the Department of Health of The State of New York, Appellant, and Instlcorp., Inc., Intervenor-Respondent

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

June 26, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph F. Gibbons and Shirley Adelson Siegel of counsel), for appellant.

Marvin L. Tenzer (Scott B. Lunin of counsel), for respondents.

Rosan & Rosan, P. C., for intervenor-respondent.

GREENBLOTT, SWEENEY, MAIN and MIKOLL, JJ., concur.

MAHONEY, P. J.

Petitioners were the licensed operators of two nursing homes located in The Bronx. Their operating certificates for these two facilities were revoked by the Department of Health (department) on September 7, 1978 and the respondent commissioner was appointed involuntary receiver by Supreme Court order entered February 14, 1979. By letter dated June 18, 1979, the department advised petitioners that...

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