Yandel v. Whalen

Appellate Division of the Supreme Court of New York

Yandel v. Whalen

70 A.D.2d 882, 417 N.Y.S.2d 108, 1979 N.Y. App. Div. LEXIS 12457

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

DecidedJune 4, 1979

StatusPublished

This text of 70 A.D.2d 882 (Yandel v. Whalen) 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

Yandel v. Whalen, 70 A.D.2d 882, 417 N.Y.S.2d 108, 1979 N.Y. App. Div. LEXIS 12457 (N.Y. Ct. App. 1979).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination dated March 8, 1978, which found that petitioner had illegally transferred ownership and operation of the Ramapo General Hospital without approval of the Public Health Council, and fined him $1,000. Petition granted, determination annulled, on the law, with costs, and the charges against the petitioner are dismissed. At the hearing the officer presiding explicitly excluded the charge that the petitioner illegally transferred ownership of the Ramapo General Hospital to one not approved by the Public Health Council because petitioner had not received adequate notice of that charge. To rule on the issue after the hearing ended, as was done here, and conclude that it was properly before the hearing officer is a denial of due process (see Matter of Simpson v Wolansky, 38 NY2d 391, 396; see, also, Matter of Sowa v Looney, 23 NY2d 329, 333). As to the second charge, the record clearly indicates that" petitioner did not transfer operation of the hospital until after he had been instructed to do so by the Commissioner of Health, in compliance with an order of the Supreme Court, Rockland County. Lazer, J. P., Rabin, Shapiro and Margett, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination dated March 8, 1978, which found that petitioner had illegally transferred ownership and operation of the Ramapo General Hospital without approval of the Public Health Council, and fined him $1,000. Petition granted, determination annulled, on the law, with costs, and the charges against the petitioner are dismissed. At the hearing the officer presiding explicitly excluded the charge that the petitioner illegally transferred ownership of the Ramapo General Hospital to one not approved by the Public Health Council because petitioner had not received adequate notice of that charge. To rule on the issue after the hearing ended, as was done here, and conclude that it was properly before the hearing officer is a denial of due process (see Matter of Simpson v Wolansky, 38 NY2d 391, 396; see, also, Matter of Sowa v Looney, 23 NY2d 329, 333). As to the second charge, the record clearly indicates that" petitioner did not transfer operation of the hospital until after he had been instructed to do so by the Commissioner of Health, in compliance with an order of the Supreme Court, Rockland County. Lazer, J. P., Rabin, Shapiro and Margett, JJ., concur.

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Bluebook (online)

70 A.D.2d 882, 417 N.Y.S.2d 108, 1979 N.Y. App. Div. LEXIS 12457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yandel-v-whalen-nyappdiv-1979.

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