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MATTER OF MOSKOWITZ v. AXELROD

105 A.D.2d 633 (1984)

In the Matter of Bernard Moskowitz, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

November 15, 1984

In New York State, a nursing home cannot be operated without a grant of "establishment" from the respondent-appellant Public Health Council (PHC) pursuant to section 2801-a of the Public Health Law and the issuance of an operating certificate by the Commissioner of Health pursuant to section 2805 of the Public Health Law. Both of these authorizations are required (see Matter of Spiegel v Whalen, 44 N.Y.2d 745, 746).

The grant...

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