Levine v. Whalen

Appeal from an order of the Supreme Court at Special Term, entered March 31, 1976 in Albany County, which granted petitioner’s motion for taxation of costs against appellant Robert P. Whalen as Commissioner of Health of the State of New York. The order granted costs of right in the amount of $4,383.20 and a discretionary allowance pursuant to CPLR 8303 (subd [a], par 2) in the amount of $1,000 for a total of $5,383.20. The instant proceeding involved a determination by the appellant Commissioner of Health made after a hearing which revoked respondent’s nursing home operating certificate…