MATTER OF AVON NURSING HOME v. AXELROD


83 N.Y.2d 977 (1994)

639 N.E.2d 1124

616 N.Y.S.2d 327

In the Matter of Avon Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 1.) In the Matter of Avon Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 2.) In the Matter of Briody Nursing Home, Respondent, v. Loretta McBarnette, as Acting Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 3.) In the Matter of Conesus Lake Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 4.) In the Matter of Conesus Lake Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 5.) In the Matter of Elm Manor Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 6.) In the Matter of Hurlbut Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 7.) In the Matter of Manor Oak Skilled Nursing Facility et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 8.) In the Matter of Newark Manor Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 9.) In the Matter of Newark Manor Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 10.) In the Matter of Sylcox Nursing Home and Health Related Facility et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 11.) In the Matter of Woodside Manor Nursing Home, Inc., et al., Respondents, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 12.) In the Matter of Valley View Manor Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 13.) In the Matter of Valley View Manor Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants. (Proceeding No. 14.) In the Matter of Brothers of Mercy Nursing and Rehabilitation Center, Appellant, v. Commissioner of the New York State Department of Health et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1994.


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Victor Paladino, Jerry Boone and Peter H. Schiff of counsel), for appellants in the first 14 above-entitled proceedings and respondents in the last above-entitled proceeding.

Cadwalader, Wickersham & Taft, New York City (William J. Natbony and Peter G. Bergmann of counsel), for appellant in the last above-entitled proceeding.

Harter, Secrest & Emery, P. C., Rochester (Thomas G. Smith of counsel), for respondents in the first 12 above-entitled proceedings.

Michael A. Rosenbloom, Rochester, for respondents in the 13th and 14th above-entitled proceedings.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge LEVINE taking no part.


MEMORANDUM.

In Matter of Avon Nursing Home v Axelrod (and 13 other proceedings), the orders of the Appellate Division should be affirmed, with costs; in Matter of Brothers of Mercy Nursing & Rehabilitation Ctr. v Commissioner of N. Y. State Dept. of Health, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases