MATTER OF NEIMAN v. AXELROD


79 A.D.2d 764 (1980)

In the Matter of Marvin Neiman, as Operator of Concourse Nursing Home, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

December 11, 1980


Petitioner was the executive director and operator of the Concourse Nursing Home in The Bronx, New York, when, in August of 1977, he was advised by the Department of Health that an audit of the financial records of the nursing home for the calendar year 1975 would be conducted pursuant to section 2803 of the Public Health Law and that certain of petitioner's records would be needed for the audit. Despite ongoing negotiations and communications between the parties during the...

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