Beth Rifka, Inc. v. Axelrod
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | Before SWEENEY |
| Citation | 458 N.Y.S.2d 715,91 A.D.2d 1143 |
| Parties | jaime In the Matter of BETH RIFKA, INC., Petitioner, v. David AXELROD, as Commissioner of the New York State Department of Health, Respondent. |
| Decision Date | 20 January 1983 |
Page 715
jaime
In the Matter of BETH RIFKA, INC., Petitioner,
v.
David AXELROD, as Commissioner of the New York State
Department of Health, Respondent.
Third Department.
Fink, Weinberger, Fredman, Berman & Lowell, New York City (Irwin R. Karassik, New York City, of counsel), for petitioner.
Robert Abrams, Atty. Gen. (Clifford A. Royael, Albany, of counsel), for respondent.
Before SWEENEY, J.P., and KANE, MAIN, CASEY and WEISS, JJ.
MEMORANDUM DECISION.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Health which revoked the operating certificate of petitioner as operator of the Beth Rifka Nursing Home.
Petitioner was charged with several violations of the regulations of the New York State Department of Health. Following a hearing, the charges were sustained and petitioner's operating certificate as operator of the Beth Rifka Nursing Home was revoked. The present proceeding to review this determination then ensued.
Petitioner's principal contention in this proceeding is that based on the evidence presented at the hearing demonstrating petitioner's
Page 716
compliance with the department's regulations at the time of the hearing, the determination revoking its operating certificate was arbitrary, capricious and an abuse of discretion. The charges against petitioner which were substantially related to patient care resulted from surveys taken at petitioner's nursing home in April and July of 1982 by employees of the Department of Health. While petitioner does not dispute the findings as to these charges in this proceeding, it is argued that its subsequent compliance with the department's regulations precludes revocation of its operating certificate herein. We disagree. The record reveals that by order of the Commissioner of the Department of Health dated August 25, 1982, petitioner's operating certificate was temporarily suspended for 60 days and the following day an employee of petitioner's began her duties to coordinate a team brought in to correct the deficiencies. The commissioner noted in his determination that the principal corrective actions taken by petitioner were initiated under the duress of said order and "not as a result of any independent recognition of the ethical and moral principles, reflected in the...To continue reading
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Beth Rifka, Inc. v. State
...... After the conclusion of the revocation hearings, by order dated November 22, 1982, the Commissioner revoked Beth Rifka's operating certificate. This determination was confirmed by this court (Matter of Beth Rifka, Inc. v. Axelrod, 91 A.D.2d 1143, 458 N.Y.S.2d 715, lv. denied 58 N.Y.2d 607, 460 N.Y.S.2d 1027, 447 N.E.2d 87, appeal dismissed 58 N.Y.2d 779, 459 N.Y.S.2d 1030, 445 N.E.2d 219). While the revocation proceeding was pending, the Federal government terminated its provider agreement with Beth Rifka ......
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McCormick v. Axelrod
...... Irwin Kanassik, New York City, for Beth Rifka and another, respondents. OPINION OF THE COURT. PER CURIAM. ... appeal to hold respondents Commissioner of the New York State Department of Health, Beth Rifka, Inc., and the administrator of Beth Rifka Nursing Home in civil contempt for having violated the terms ......
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Harrow v. Axelrod
...... He was the administrator of the Beth Rifka Nursing Home (hereinafter Beth Rifka), located on Staten Island, from July 10, 1981 to August ... a hearing, revocation of its license, confirmed on review by this court (Matter of Beth Rifka, Inc. v. Axelrod, 91 A.D.2d 1143, 458 N.Y.S.2d 715, lv. denied 58 N.Y.2d 607, 460 N.Y.S.2d 1027, 447 ......
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McCormick v. Axelrod
...... requiring respondent to petition the court for the appointment of a receiver to operate the Beth Rifka Nursing Home pursuant to section 2810 (subd. 2, par. [a] ) of the Public Health Law. ... Department of Health dated November 22, 1982, the operating certificate issued to Beth Rifka, Inc., as operator of the Beth Rifka Nursing Home, was revoked and all patients of the nursing home were ......