State v. Hudson Home for the Aged

Appeal from a judgment of the Supreme Court at Special Term, entered August 18, 1976 in Albany County, which granted plaintiff’s application for a permanent injunction prohibiting defendant from operating a voluntary home for the aged in violation of certain rules and regulations promulgated by the State Board of Social Welfare pursuant to former section 759 of the Executive Law and denied defendant’s motion for summary judgment on its counterclaim seeking a declaration that section 759 of the Executive Law and rules and regulations promulgated thereunder are unconstitutional. The facts are…