WYSZOMIRSKI v. AXELROD


169 A.D.2d 1 (1991)

In the Matter of John A. Wyszomirski, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, Appellant

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

June 13, 1991


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Cynthia F. Kruesi and Nancy A. Spiegel of counsel), for appellant.

Thorn & Gershon (Paul J. Catone of counsel), for respondent.

MAHONEY, P. J., MIKOLL, YESAWICH, JR., and CREW III, JJ., concur.


CASEY, J.

At issue on this appeal is whether Public Health Law § 2803-d, entitled "Reporting abuses of persons receiving care or services in residential health care facilities", applies to an alleged incident of abuse of a nursing home patient which occurred outside the facility in a treating physician's private office. Supreme Court held that the statute was inapplicable to the facts and circumstances of...

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