Schwartzberg v. Whalen

The appeal (by permission) is from a judgment of the Supreme Court, Kings County, entered August 16, 1978, which, inter alia, enjoined the Commissioners of the Departments of Health and Social Services from either eliminating Kings Harbor Care Center from the Medicaid program or canceling the operating certificate of said center until such time as a hearing is held and a determination is made pursuant to section 2806 of the Public Health Law. Judgment reversed, on the law, with $50 costs and disbursements, and petition dismissed on the merits. The owners and operators of the Kings Harbor Care…