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MATTER OF SCHAFFER v. ZUCKER

2016-02441. Index No. 2154/15.

165 A.D.3d 1266 (2018)

85 N.Y.S.3d 556

2018 NY Slip Op 07313

In the Matter of Daniel Schaffer, Administrator of Townhouse Operating Co., LLC, Doing Business as Center for Rehabilitation & Nursing, as Guardian for Beatrice Fountain, Petitioner, v. Howard Zucker, M.D., J.D., as Commissioner of the Department of Health of the State of New York, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 31, 2018.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner filed a CPLR article 78 petition to review a determination of a designee of the Commissioner of the New York State Department of Health (hereinafter the Commissioner), after a fair hearing, which upheld a determination of the Rockland County Department of Social Services (hereinafter Social Services) that Beatrice Fountain...

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