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MATTER OF HODES v. AXELROD

70 N.Y.2d 364 (1987)

In the Matter of Louis Hodes et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Thomas F. Gleason and Cornelius D. Murray for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

The question raised by this appeal is whether the doctrine of vested rights or res judicata bars a second administrative proceeding — where the first has failed — for automatic revocation of petitioners' nursing home operating certificate owing to their industry-related felony convictions.

On April 4, 1979, petitioners Louis Hodes and Herman Surkis, owners and operators of Franklin...

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