Braunstein v. McGarvey

Appellate Division of the Supreme Court of New York

Braunstein v. McGarvey

92 A.D.2d 1071, 461 N.Y.S.2d 737, 1983 N.Y. App. Div. LEXIS 17471

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

DecidedMarch 31, 1983

StatusPublished

This text of 92 A.D.2d 1071 (Braunstein v. McGarvey) 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

Braunstein v. McGarvey, 92 A.D.2d 1071, 461 N.Y.S.2d 737, 1983 N.Y. App. Div. LEXIS 17471 (N.Y. Ct. App. 1983).

Pincite

Opinion

Proceedings pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review respondents’ determination which, inter alla, directed that petitioner Braunstein immediately and completely cease his participation in the management [1072]*1072and operation of the Laconia Nursing Home. Petitioners seek to annul the determination under review here largely upon the basis of arguments that respondents erred in finding, pursuant to subdivision 5 of section 2806 of the Public Health Law, that petitioner Braunstein had been convicted of a crime in New Jersey which, if committed in New York, would have been a felony in connection with an activity subject to regulation by respondents. In view of this court’s decision upon reargument in Matter of Braunstein v Board of Examiners of Nursing Home Administrators (92 ÁD2d 1061), petitioners’ arguments are correct and require that respondents’ determination be annulled. Determination annulled, without costs. Sweeney, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Proceedings pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review respondents’ determination which, inter alla, directed that petitioner Braunstein immediately and completely cease his participation in the management [1072]*1072and operation of the Laconia Nursing Home. Petitioners seek to annul the determination under review here largely upon the basis of arguments that respondents erred in finding, pursuant to subdivision 5 of section 2806 of the Public Health Law, that petitioner Braunstein had been convicted of a crime in New Jersey which, if committed in New York, would have been a felony in connection with an activity subject to regulation by respondents. In view of this court’s decision upon reargument in Matter of Braunstein v Board of Examiners of Nursing Home Administrators (92 ÁD2d 1061), petitioners’ arguments are correct and require that respondents’ determination be annulled. Determination annulled, without costs. Sweeney, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

92 A.D.2d 1071, 461 N.Y.S.2d 737, 1983 N.Y. App. Div. LEXIS 17471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braunstein-v-mcgarvey-nyappdiv-1983.