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GENEVA GEN. HOSP. NURSING HOME CO., INC. v. AXELROD

92 A.D.2d 739 (1983)

Geneva General Hospital Nursing Home Company, Inc., Appellant-Respondent, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, et al., Respondents-Appellants

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

February 28, 1983

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term granted defendant's motion to dismiss the complaint except as to "allegations of unconstitutionality of regulations". This was error. The complaint contains no allegations raising constitutional issues. The action, characterized by plaintiff as one seeking declaratory judgment, is actually one to review...

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