MTR ROWLAND v. AXELROD


105 Misc.2d 713 (1980)

In the Matter of Richard L. Rowland et al., Individually and Doing Business as Astor Gardens Nursing Home, Petitioners, v. David Axelrod, as Commissioner of the Department of Health of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

October 21, 1980.


Attorney(s) appearing for the Case

Austrian, Lance & Stewart, P. C., for petitioners. Robert Abrams, Attorney-General (David Roberts of counsel), for respondents.


LAWRENCE E. KAHN, J.

In this article 78 proceeding, petitioners seek a judgment prohibiting, restraining and enjoining the respondents from recouping certain sums of money, without first according the petitioners a full due process impartial hearing until the final determination of said hearing, and directing that all actions of the respondents in disallowing and rescinding, without notice and without hearing, certain incentive allowances actually paid...

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