MATTER OF BAIRD v. AXELROD


102 A.D.2d 972 (1984)

In the Matter of Albert Baird, Doing Business as Baird Nursing Home, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent

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

June 21, 1984


¶ Petitioner contends that respondent lacks the authority to prohibit petitioner from constructing additional nursing home beds on the basis of public need since petitioner accepts no governmental funds for the operation of his facility. Petitioner further contends that, in any event, respondent's finding of a lack of public need for two additional nursing home beds in Monroe County is not supported by substantial evidence in the record. We reject both arguments. ¶...

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