96 A.D.2d 974 | N.Y. App. Div. | 1983
Lead Opinion
— Appeal, by permission, from an order of the Supreme Court at Special Term (Doran, J.),
Dissenting Opinion
dissents and votes to reverse in the following memorandum. Yesawich, Jr., J. (dissenting). I respectfully dissent. The statute authorizes appointment of the Commissioner of Health, or his designee, as receiver (Public Health Law, § 2810, subd 2, par a); it does not suggest or imply that the commissioner’s appointment as receiver, once made, is immutable. A change