UNITED METHODIST v. AXELROD


110 A.D.2d 292 (1985)

In the Matter of United Methodist Retirement Community Development Corporation, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, Appellant

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

October 24, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and William J. Kogan of counsel), for appellant.

Cadwalader, Wickersham & Taft (Joseph Polizzotto and Peter G. Bergmann of counsel), for respondent.

MAHONEY, P. J., KANE, MAIN and HARVEY, JJ., concur.


CASEY, J.

Petitioner, a not-for-profit corporation, has applied for permission to construct a 240-bed residential health care facility in the community of Lake Ronkonkoma, Suffolk County. This application requires compliance with a two-part approval process (Public Health Law §§ 2801-a, 2802; 10 NYCRR part 710).

On July 17, 1975, petitioner submitted its Part I application to the Department...

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