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MATTER OF ESTATE OF FORTH

254 A.D.2d 836 (1998)

677 N.Y.S.2d 841

In the Matter of The Estate of Joseph N. Forth, Deceased. Thomas F. Hewner, as Administrator C. T. A. of The Estate of Joseph N. Forth, Deceased, Appellant, v. Frank J. McGuire, Doing Business as Autumn View Manor, et al., Respondents

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

October 2, 1998

Judgment unanimously affirmed without costs.

Memorandum:

In March 1989 Joseph N. Forth moved into the Autumn View Manor Nursing Home (Autumn View). On April 9, 1992, he was hospitalized. Although on April 15, 1992, he was medically able to return to Autumn View, he was refused readmission until he paid the outstanding balance on his bill. He requested a hearing by the New York State Department of Health (DOH) and charged that Autumn View

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