MATTER OF QUEENS-NASSAU NURSING HOME v. AXELROD


91 A.D.2d 776 (1982)

In the Matter of Queens-Nassau Nursing Home, Petitioner, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, Respondent

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

December 23, 1982


The sole issue in this proceeding is whether there is substantial evidence in the record to support respondent's finding that the lease between petitioner and its landlord is a nonarm's length transaction. We hold there is and, therefore, dismiss the petition. Sometime in 1972, Herman Greenbaum, the present operator of petitioner residential health care facility, entered into an agreement with Albert Schwartzberg and others to lease a residential health care facility in up...

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