MATTER OF SCHWARTZBERG v. AXELROD


150 A.D.2d 955 (1989)

In the Matter of Albert Schwartzberg et al., Doing Business as Kings Harbor Care Center, et al., Respondents, v. David Axelrod, as Commissioner of the Department of Health of The State of New York, Appellant, et al., Respondent. Instlcorp, Inc., et al., Intervenors. (And Another Related Proceeding.)

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

May 25, 1989


Mercure, J.

Respondent Commissioner of Health (hereinafter the Commissioner) is the court-appointed receiver of Kings Harbor Care Center, a 360-bed skilled nursing facility, and Kings Harbor Manor Facility, a 360-bed health-related facility, both located in Bronx County. The Commissioner has been operating the facilities since February 14, 1979 when petitioners' operating licenses were revoked. In 1985, the...

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