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MATTER OF CHAMBERY v. AXELROD

101 A.D.2d 610 (1984)

In the Matter of Judith Chambery et al., Doing Business as Maplewood Nursing Home, Petitioners, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

April 5, 1984

¶ We are once again called upon to review a determination of the Commissioner of Health, who, in the underlying proceedings, denied an application made pursuant to subdivision 2 of section 2802 of the Public Health Law for approval to construct a 48-bed addition to petitioners' nursing home. ¶ Petitioners' initial argument that the denial was arbitrary and capricious and unsupported by substantial evidence is unpersuasive...

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