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HEALTH FACILITIES v. AXELROD

155 A.D.2d 208 (1990)

In the Matter of New York State Health Facilities Association, Inc., Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

April 19, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Daniel Smirlock and Nancy A. Spiegel of counsel), for appellants.

O'Connell & Aronowitz (Cornelius D. Murray, David M. Cherubin and Alan B. Ginsburg of counsel), and Bernard Schwartz for respondent.

KANE, J. P., CASEY, WEISS and HARVEY, JJ., concur.

MERCURE, J.

Petitioner is a not-for-profit membership corporation consisting of operators of approximately 230 residential health care facilities (hereinafter RHCF), more commonly known as nursing homes. Respondent New York State Public Health Council (hereinafter the Council) is a statutory body within the Department of Health (see, Public Health Law §...

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