Neiman v. Axelrod

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Department of Health which imposed a civil penalty upon petitioner in the amount of $2,000. Petitioner was the executive director and operator of the Concourse Nursing Home in The Bronx, New York, when, in August of 1977, he was advised by the Department of Health that an audit of the financial records of the nursing home for the calendar year 1975 would be conducted pursuant to section 2803 of the Public Health Law and…