General
In the Matter of Broadacres Skilled Nursing Facility, Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants
105 A.D.2d 1158·New York Supreme Court, Appellate Division·1984·NY
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Opinion
In the Matter of Broadacres Skilled Nursing Facility, Respondent, v David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.
[MAJORITY]
Order unanimously affirmed, with costs. Memorandum: We affirm for the reasons stated in Matter of Cortlandt Nursing Home v Axelrod (99 AD2d 105, app dsmd 63 NY2d 772). We add only that since the State’s appeal from a prior order entered May 11, 1983 was dismissed, petitioner-respondent is now entitled to enforce each and every portion of that order (see CPLR 5519, subd e). (Appeal from order of Supreme Court, Oneida County, Stone, J. — art 78.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.