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MATTER OF FAHEY v. AXELROD

171 A.D.2d 213 (1991)

In the Matter of Thomas M. Fahey, Doing Business as Castle Rest Nursing Home, Appellant, v. David Axelrod, as Commissioner of The New York State Department of Health, Respondent

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

October 24, 1991

Attorney(s) appearing for the Case

Byrne, Costello & Pickard, P. C. (Matthew V. Byrne III of counsel), for appellant.

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

MAHONEY, P. J., WEISS and MERCURE, JJ., concur.

LEVINE, J.

Petitioner is the owner and operator of Castle Rest Nursing Home, a residential health care facility in the City of Syracuse, Onondaga County, and is an authorized Medicaid provider. Petitioner initially acquired his interest in the facility in 1966 as a member of a partnership which purchased the former Syracuse General Hospital for $860,000 and converted it into a nursing home. In 1972, following...

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