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MTR MAYFLOWER v. HEALTH DEPT

88 A.D.2d 192 (1982)

In the Matter of Mayflower Nursing Home, Petitioner, v. Office of Health Systems Management of the Department 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.

July 29, 1982

Attorney(s) appearing for the Case

Hoffinger, Friedland & Roth (Robert Z. Dobrish of counsel), for petitioner.

Robert Abrams, Attorney-General (Alan W. Rubenstein and William J. Kogan of counsel), for respondents.

KANE, J. P., MIKOLL, YESAWICH, JR., and WEISS, JJ., concur.

MAIN, J.

Petitioner Mayflower Nursing Home, a partnership consisting of Max Lewko, Etta Gottlieb and Carla Ekstein, commenced operations in New York City in November of 1969 as a private proprietary nursing home, the partners having purchased the facility from Bertha Teller pursuant to an agreement reciting that said partners "[were] the successors in interest to Bertha Teller and Moses Braunstein, the person...

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