MATTER OF MAYFLOWER NURSING HOME v. OFFICE OF HEALTH SYS. MGMT. OF THE DEP'T OF HEALTH OF THE STATE OF NEW YORK


59 N.Y.2d 935 (1983)

In the Matter of Mayflower Nursing Home, Appellant, v. Office of Health Systems Management of the Department of Health of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 28, 1983.


Attorney(s) appearing for the Case

Robert Z. Dobrish, Jack S. Hoffinger, David B. Bernfeld and Robert A. Goldschlag for appellant.

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

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


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that there is substantial evidence in the record to support the commissioner's determination that petitioner's lease was a nonarm's length arrangement within the meaning of former section 86.28 of the departmental regulations (former 10 NYCRR 86.28) and...

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