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VILL. OF HERKIMER v. AXELROD

58 N.Y.2d 1069 (1983)

Village of Herkimer et al., Appellants, v. David Axelrod, as Commissioner of the New York State Department of Health, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Evalyn G. Basloe for appellants.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for respondent.

Paul J. Yesawich, III, and Douglas A. Foss for Seneca Falls Hospital, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Appellant operates a municipal hospital and seeks to overturn a determination by the State Department of Health, made pursuant to section 2806 of the Public Health Law, that modified the hospital's operating certificate, and stipulated that "the interests of the health and welfare of the community will be best served by modifying the...

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