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MacHACEK v. HARRIS

106 Misc.2d 388 (1980)

In the Matter of Otto MacHacek, Individually and Doing Business as Paradise Rest Home, Petitioner, v. David Harris, as Commissioner of the Suffolk County Department of Health Services, Respondent.

Supreme Court, Special Term, Suffolk County.

September 4, 1980

Attorney(s) appearing for the Case

Wellersdieck & McLaughlin for petitioner. David J. Gilmartin, County Attorney, for respondent.

ELI WAGER, J.

In this CPLR article 78 proceeding, the respondent Commissioner of the Suffolk County Department of Health Services moves to dismiss the petition for failure to state facts sufficient to entitle the petitioner to the relief requested. No answer has yet been served.

The petitioner is the owner and operator of an adult home in Patchogue who seeks to compel the respondent to furnish him a...

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