Meadowbrook Nursing Home v. Axelrod

— Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court at Special Term (Dier, J.), entered March 21, 1985 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Health denying petitioner’s application to expand its facility.

Petitioner, Meadowbrook Nursing Home (Meadowbrook), operates a 120-bed residential health-care facility in Clinton County. In December 1980, the facility applied to respondent Commissioner of Health (Commissioner) for approval of its plan to construct additional…