Tioga Nursing Home, Inc. v. Axelrod

Full title: TIOGA NURSING HOME, INC., Appellant, v. DAVID AXELROD, as Commissioner of…

Court: Court of Appeals of the State of New York

Date published: Oct 18, 1983

60 N.Y.2d 717 (N.Y. 1983)

469 N.Y.S.2d 73

456 N.E.2d 1196

Opinion

Argued September 14, 1983

Decided October 18, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, FREDERICK B. BRYANT, J.

James S. Gleason for appellant.

Robert Abrams, Attorney-General ( Clifford A. Royael and Peter H. Schiff of counsel), for respondent.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 90 A.D.2d 570). We would only add that to the extent that it can be argued that former regulation 10 N.Y.CRR 86.16 was inconsistent with the purpose of article 28-A of the Public Health Law, that regulation does not control.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.