Rye Psychiatric Hospital Center, Inc. v. Surles

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which reduced petitioner’s hospital bed capacity.

Petitioner is a hospital for the mentally disabled located in the City of Rye, Westchester County; its first operating certificate was granted in 1971 for an operating capacity of 33 beds. In 1973 petitioner was granted an operating certificate for 41 beds. Effective September 22,1975, the Office of Mental Health (hereinafter OMH) revised its regulations for operating certification…