MATTER OF BETH RIFKA, INC. v. AXELROD


90 A.D.2d 490 (1982)

In the Matter of Beth Rifka, Inc., Respondent, and Flora Giles et al., Intervenors-Respondents, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

October 6, 1982


Order reversed, without costs or disbursements, and the matter is remitted to Special Term for an immediate hearing and determination whether the closure order, insofar as it required removal of the patients prior to the determination of the administrative adversary hearing, was justifiable and not arbitrary.

In the interim the temporary restraining order is continued. Under the circumstances of this case, an immediate hearing, as above ordered, should have been held...

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