Aurelia Osborn Fox Memorial Hospital Society v. Whalen

Greenblott, J. P.

Petitioner operates a nursing home facility in Oneonta, New York. A February, 1975 inspection of petitioner’s facility by employees of the New York State Department of Health revealed certain alleged violations of the State Hospital Code (10 NYCRR Part 700). Another inspection in June, 1975 revealed that most of the violations had been corrected, even though no notice of any such violations had ever been furnished to petitioner. On September 11, 1975 formal charges alleging 13 separate violations of the regulations were filed. The notice of hearing informed petitioner that it…