Legal Opinion

MATTER OF MEM'L HOSP. v. Axelrod

New York Court of Appeals

Decided November 13, 1986PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Commissioner properly interpreted Public Health Law § 2803 (1) (a), which confers upon him "the power to inquire into the operation of hospitals and to conduct periodic inspections of facilities with respect to the fitness and adequacy of the * * * standards of medical care [and] hospital service”, to include the power to observe patients in those facilities. The Department of Health, like all administrative agencies, "is clothed with those powers expressly conferred by its authorizing…

2Cases cited2 opinions

  1. City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979
  2. Great Lakes-Dunbar-Rochester v. State Tax CommissionNew York Court of Appeals · 1985

3Cited by25 opinions

  1. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  2. Citizens for an Orderly Energy Policy, Inc. v. CuomoNew York Court of Appeals · 1991
  3. Klein v. SobolAppellate Division of the Supreme Court of the State of New York · 1990
  4. Williamsburg Around the Bridge Block Ass'n v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1996
  5. Shankman v. AxelrodNew York Court of Appeals · 1989

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