From Casetext: Smarter Legal Research

Matter of Beth Rifka, Inc. v. Axelrod

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1982
90 A.D.2d 490 (N.Y. App. Div. 1982)

Opinion

October 6, 1982


In a proceeding pursuant to CPLR article 78, the appeal (by permission) is from an order of the Supreme Court, Richmond County (Rubin, J.), dated September 15, 1982, which continued the temporary restraining order of said court, dated September 7, 1982, which stayed appellants' closure order dated August 25, 1982, issued pursuant to subdivision 2 of section 2806 Pub. Health of the Public Health Law (insofar as it required the transfer of patients from the petitioner nursing home) until the determination of an administrative adversary hearing. Order reversed, without costs or disbursements, and the matter is remitted to Special Term for an immediate hearing and determination whether the closure order, insofar as it required removal of the patients prior to the determination of the administrative adversary hearing, was justifiable and not arbitrary. In the interim the temporary restraining order is continued. Under the circumstances of this case, an immediate hearing, as above ordered, should have been held (see Public Health Law, § 2806, subds 2, 4; Westchester Nursing Home v Whalen, 49 A.D.2d 741). Damiani, J.P., Bracken, Rubin and Boyers, JJ., concur.


Summaries of

Matter of Beth Rifka, Inc. v. Axelrod

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1982
90 A.D.2d 490 (N.Y. App. Div. 1982)
Case details for

Matter of Beth Rifka, Inc. v. Axelrod

Case Details

Full title:In the Matter of BETH RIFKA, INC., Respondent, and FLORA GILES et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 6, 1982

Citations

90 A.D.2d 490 (N.Y. App. Div. 1982)