Fahey v. Axelrod

Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered March 20, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Health revoking petitioner’s operating certificate pursuant to section 2806 of the Public Health Law.

In November, 1976, petitioner’s establishment application was denied by the Public Health Council after a hearing. Subsequently, that determination was upheld by this court in Matter of Fahey v Public Health Council (89 AD2d 702, app dsmd 58 NY2d…