Geneva General Hospital Nursing Home Co. v. Axelrod

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term granted defendant’s motion to dismiss the complaint except as to “allegations of unconstitutionality of *740regulations”. This was error. The complaint contains no allegations raising constitutional issues. The action, characterized by plaintiff as one seeking declaratory judgment, is actually one to review a determination of an administrative body. The vehicle for such review is a proceeding instituted pursuant to CPLR article 78 which in the instant case is barred by…