52 A.D.2d 882 | N.Y. App. Div. | 1976
In a proceeding pursuant to CPLR article 78, inter alia, to review respondent’s determination, dated October 25, 1974, which, after a hearing, denied petitioner’s application to construct and operate (as a physical addition to the Dumont Nursing Home) a 90-bed health related facility, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered July 2, 1975, which dismissed the petition. Judgment reversed, with costs, determination annulled, and matter remitted to the respondent for a rehearing and a new determination, in accordance herewith. The question presented is whether the State Health Commissioner’s denial of petitioner’s application was based upon a review of the facts of this particular case or was based solely, or principally, upon his