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In the Matter of Peninsula General Nursing Home v. Jule M. Sugarman, as Commissioner of the Department of Social Services of the City of New York, and Abe Lavine, as Commissioner of the Department of Social Services of the State of New York
Opinions in this case
- Majority
- Dissent — Wachtler
OPINION OF THE COURT
Order reversed, with costs, and petition dismissed on the dissenting opinion by Mr. Justice Myles J. Lane at the Appellate Division (57 AD2d 268, 277-281; see also Matter of Wood v Fahey, 62 AD2d 86; contra Howe Ave. Nursing Home v Nafus, 54 AD2d 686, app dsmd 41 NY2d 901).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke. Judge Wachtler dissents and votes to affirm in the following opinion.