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MATTER OF YANNETT v. BERMAN

49 N.Y.2d 750 (1980)

In the Matter of Michael A. Yannett, as Operator of Endicott Nursing Home, Appellant, v. Richard A. Berman, as Director of Health Systems Management, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 7, 1980.

Attorney(s) appearing for the Case

N. Theodore Summer and James S. Gleason for appellant.

Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The appeal as of right in this article 78 proceeding should be dismissed for want of a substantial constitutional question, but on the court's own motion appellant should be granted leave to appeal. In view of our reversal and dismissal of the indictment for the predicate felony in People v Yannett (49 N.Y.2d 296, decided herewith), the judgment confirming respondents...

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