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MTR OF MCCORMICK v. AXELROD

59 N.Y.2d 568 (1983)

In the Matter of Louise McCormick 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 July 7, 1983.

Attorney(s) appearing for the Case

Helaine Barnett and Kalman Finkel for appellants.

Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for David Axelrod, respondent.

Irwin R. Karassik for Beth Rifka, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and SIMONS concur in Per Curiam opinion; Judge MEYER taking no part.

Per Curiam.

On November 22, 1982, following a hearing, respondent New York State Commissioner of Health issued an order revoking the operating certificate of Beth Rifka, Inc., as operator of the Beth Rifka Nursing Home on Staten Island, citing numerous health and safety violations. Although that order directed that all patients be discharged from Beth Rifka by December 1, 1982 and placed in alternate facilities, it...

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