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TENENBAUM v. AXELROD

132 A.D.2d 37 (1987)

In the Matter of Michael Tenenbaum, Doing Business as Resort Nursing Home et al., 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.

December 3, 1987

Attorney(s) appearing for the Case

Marvin L. Tenzer, P. C., for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael and Wayne L. Benjamin of counsel), for respondent.

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

YESAWICH, JR., J.

Petitioner operates Resort Nursing Home and Resort Health Related Facility, each a 280-bed residential health-care facility. Both facilities are rented pursuant to leases entered into and approved by respondent prior to March 10, 1975. Under the leases, petitioner pays $504,000 in rent annually on each facility and is responsible for the cost of any leasehold improvements.

Prior to March...

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