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MATTER OF KUPERSMITH v. PUB. HEALTH COUNCIL OF THE STATE OF NEW YORK

101 A.D.2d 918 (1984)

In the Matter of A. Harry Kupersmith, Respondent, v. Public Health Council of the State of New York et al., Appellants

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

May 10, 1984

¶ Petitioner was one of four partners who owned and operated Ramapo Manor Nursing Center. On December 21, 1976, petitioner sold his interest in the partnership to Lawrence Kluger, one of the other partners. Since section 2801-a (subd 4, par [a]) of the Public Health Law requires approval by the Public Health Council for all changes in the operating partnership of a nursing home, it would appear that petitioner could not unilaterally divest himself of his interest in...

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