Amsel v. New York State Board of Social Welfare

Appellate Division of the Supreme Court of New York

Amsel v. New York State Board of Social Welfare

57 A.D.2d 554, 393 N.Y.S.2d 75, 1977 N.Y. App. Div. LEXIS 11504

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1977

StatusPublished

This text of 57 A.D.2d 554 (Amsel v. New York State Board of Social Welfare) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amsel v. New York State Board of Social Welfare, 57 A.D.2d 554, 393 N.Y.S.2d 75, 1977 N.Y. App. Div. LEXIS 11504 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review appellants’ determination, dated September 30, 1976, which denied petitioner’s application to operate a nursing home facility, the appeal is from a judgment of the Supreme Court, Kings County, dated October 15, 1976, which, inter alia, directed appellants to issue an operating certificate to petitioner, effective October 15, 1976. Judgment reversed, on the law, without costs or disbursements, and matter remanded to the appellants for a hearing as to petitioner’s fitness to operate a nursing home. The appellants determined that petitioner would be unfit to operate the nursing home previously owned by his mother, who was the subject of revocation proceedings instituted by them. Their determination was based on the suspicion that petitioner’s mother would continue to operate the nursing home after the revocation of her license. Such conjecture was not a sufficient reason for the denial of petitioner’s application. There was sufficient basis, however, to require a hearing to determine whether in fact petitioner intended to personally control and operate the nursing home. Upon the argument of this appeal, the parties consented to the above disposition. Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review appellants’ determination, dated September 30, 1976, which denied petitioner’s application to operate a nursing home facility, the appeal is from a judgment of the Supreme Court, Kings County, dated October 15, 1976, which, inter alia, directed appellants to issue an operating certificate to petitioner, effective October 15, 1976. Judgment reversed, on the law, without costs or disbursements, and matter remanded to the appellants for a hearing as to petitioner’s fitness to operate a nursing home. The appellants determined that petitioner would be unfit to operate the nursing home previously owned by his mother, who was the subject of revocation proceedings instituted by them. Their determination was based on the suspicion that petitioner’s mother would continue to operate the nursing home after the revocation of her license. Such conjecture was not a sufficient reason for the denial of petitioner’s application. There was sufficient basis, however, to require a hearing to determine whether in fact petitioner intended to personally control and operate the nursing home. Upon the argument of this appeal, the parties consented to the above disposition. Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 554, 393 N.Y.S.2d 75, 1977 N.Y. App. Div. LEXIS 11504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amsel-v-new-york-state-board-of-social-welfare-nyappdiv-1977.