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MATTER OF NIETO v. DeBUONO

231 A.D.2d 573 (1996)

647 N.Y.S.2d 282

In the Matter of Carlos Nieto, Petitioner, v. Barbara A. DeBuono, as Commissioner of The New York State Department of Health, et al., Respondents

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

September 16, 1996

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the determination of the Commissioner of the New York State Department of Health is supported by substantial evidence in the record (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180), including the testimony of the nursing home resident abused...

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