Legal Opinion
Hodes v. Axelrod
New York Court of Appeals
Decided October 22, 1987PublishedCited by 100 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
The question raised by this appeal is whether the doctrine of vested rights or res judicata bars a second administrative proceeding — where the first has failed — for automatic revocation of petitioners’ nursing home operating certificate owing to their industry-related felony convictions.
On April 4, 1979, petitioners Louis Hodes and Herman Surkis, owners and operators of Franklin Park Nursing Home (a licensed residential care facility), each entered a plea of guilty to grand larceny in the third degree, based on fictitious *367invoices and unearned Medicaid…
2Cases cited17 opinions
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Reilly v. ReidNew York Court of Appeals · 1978
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- State Farm Mutual Automobile Insurance v. DuelSupreme Court of the United States · 1945
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3Cited by100 opinions
- Xiao Yang Chen v. FischerNew York Court of Appeals · 2005
- Ferris v. CuevasCourt of Appeals for the Second Circuit · 1997
- Alliance of American Insurers v. ChuNew York Court of Appeals · 1991
- Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)Court for the Trial of Impeachments and Correction of Errors · 2017
- All Terrain Properties, Inc. v. HoyAppellate Division of the Supreme Court of the State of New York · 2000
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