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  5. 68 N.Y.2d 958 (1986)
 

MATTER OF MEM'L HOSP. v. AXELROD

68 N.Y.2d 958 (1986)

In the Matter of Memorial Hospital, Appellant, v. David Axelrod, as Commissioner of the New York State Department of Health, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 13, 1986.

Attorney(s) appearing for the Case

Jacob H. Herzog and Marilyn S. Raskin for appellant.

Robert Abrams, Attorney-General (Patrick Barnett-Mulligan, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Commissioner properly interpreted Public Health Law § 2803 (1) (a), which confers upon him "the power to inquire into the operation of hospitals and to conduct periodic inspections of facilities with respect to the fitness and adequacy of the * * * standards of medical care [and] hospital service", to include the power to observe...

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