Town of Massena v. Whalen

Appeal from a judgment of the Supreme Court at Special Term, entered March 29, 1978 in St. Lawrence County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Health which levied a $1,000 fine upon petitioner. On May 22, 1975 a survey team of the Department of Health inspected petitioner Massena Memorial Hospital and reported 85 alleged violations of the State Hospital Code (10 NYCRR Part 700 et seq.). A resurvey, conducted on November 6, 1975 and on December 2, 3, 5, and 24, 1975, indicated that many of the…