Unger v. Public Health Council

Yesawich Jr., J. Appeal from a judgment of the Supreme Court (Spain, J.), entered August 3, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition due to petitioner’s lack of standing.

Petitioner is the administrator of the estate of Moses Unger, who prior to his death in 1986 was the licensed operator of a nursing home in New York City. From 1970 until 1991, the nursing home was operated—first by Unger and later by petitioner—upon premises subleased from American Realty Company, which in turn leased the property from 64 B…