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MATTER OF FAHEY v. AXELROD

105 A.D.2d 537 (1984)

In the Matter of Thomas M. Fahey, Appellant, 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.

October 18, 1984

In November, 1976, petitioner's establishment application was denied by the Public Health Council after a hearing. Subsequently, that determination was upheld by this court in Matter of Fahey v Public Health Council (89 A.D.2d 702, app dsmd 58 N.Y.2d 778).

On December 21, 1982, the Department of Health (department) relying on Matter of Fahey (supra), advised petitioner that...

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