MATTER OF CANTOR v. AXELROD


63 N.Y.2d 965 (1984)

In the Matter of Daniel Cantor, Doing Business as Haven Manor Health Related Facility, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 13, 1984.


Attorney(s) appearing for the Case

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

Irwin R. Karassik for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur in memorandum; Judge MEYER taking no part.


MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, the petition dismissed and the Commissioner's determination reinstated.

The Commissioner's determination that the real property lease was between related parties within the meaning of 10 NYCRR 86.28 (now 10 NYCRR 86-2.26) is supported by substantial evidence. The hearing officer found that Cantor was the original owner of the property...

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