McCormick v. Axelrod

— Appeal from a judgment of the Supreme Court at Special Term (Rubin, J.), entered December 3, 1982 in Richmond County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking, inter alia, a judgment requiring respondent to petition the court for the appointment of a receiver to operate the Beth Rifka Nursing Home pursuant to section 2810 (subd 2, par a) of the Public Health Law. By an order of the Commissioner of the New York State Department of Health dated November 22,1982, the operating certificate issued to Beth Rifka, Inc., as operator of the Beth…