Dobbs Ferry Hospital Ass'n v. Whalen

In a proceeding pursuant to CPLR article 78, inter alia, to review respondent’s determination, dated February 11, 1977, which disapproved petitioner’s project upon the basis of a lack of public need, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated October 21, 1977, which denied the application. Judgment reversed and determination annulled, on the law, with costs, and matter remitted to the respondent for reconsideration of the merits of petitioner’s application for approval of construction plans. The petitioner operates a hospital located in Dobbs Ferry, New…