Meadowbrook Nursing Home v. Axelrod

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Health which denied petitioner’s application to expand its residential health-care facility.

For the past seven years, petitioner has been attempting to obtain permission from respondent Commissioner of Health to add 80 beds to its health-care facility in the City of Plattsburgh, Clinton County. Although the regional planning council (see, Public Health Law § 2904 [a]) recommended approval of petitioner’s application…