MATTER OF MEM'L HOSP. v. Axelrod
Cases that cite this one
24 later published cases cite this decision.
- Idant Laboratories v. Department of Health (Appellate Division of the Supreme Court of New York 1996)
- CITIZENS FOR ENERGY v. Cuomo (N.Y. 1991)
- Citizens for an Orderly Energy Policy, Inc. v. Cuomo (N.Y. 1991)
- Shankman v. Axelrod (N.Y. 1989)
- Clients' Security Fund v. Grandeau (Appellate Division of the Supreme Court of New York 1987)
- Biggs v. Zoning Board of Appeals (New York Supreme Court 2016)
- Michaelis v. Graziano (Appellate Division of the Supreme Court of New York 2004)
- Elmwood-Anderson Corp. v. Novello (New York Supreme Court 2004)
- Elmwood-Anderson Corp. v. Novello (New York Supreme Court, Erie County 2004)
- Ellis Center for Long Term Care v. DeBuono (Appellate Division of the Supreme Court of New York 1999)
- St. Joseph's Hospital Health Center v. Department of Health (Appellate Division of the Supreme Court of New York 1998)
- Ellis Center for Long Term Care v. DeBuono (New York Supreme Court 1998)
- Law Enforcement Officers Union, District Council 82 v. State (Appellate Division of the Supreme Court of New York 1997)
- Williamsburg Around the Bridge Block Ass'n v. Giuliani (Appellate Division of the Supreme Court of New York 1996)
- Brodsky v. Zagata (New York Supreme Court 1996)
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health (N.Y. 1995)
- Colvin v. Chassin (Appellate Division of the Supreme Court of New York 1995)
- Wyszomirski v. Axelrod (Appellate Division of the Supreme Court of New York 1991)
- Kleiner v. Sobol (Appellate Division of the Supreme Court of New York 1990)
- Osher v. University of New York (Appellate Division of the Supreme Court of New York 1990)
- Klein v. Sobol (Appellate Division of the Supreme Court of New York 1990)
- Ritterband v. Axelrod (New York Supreme Court 1990)
- L.I.K. Business Ventures, Inc. v. Axelrod (Appellate Division of the Supreme Court of New York 1989)
- Tennenbaum v. Axelrod (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The Commissioner properly interpreted Public Health Law § 2803 (1) (a), which confers upon him "the power to inquire into the operation of hospitals and to conduct periodic inspections of facilities with respect to the fitness and adequacy of the * * * standards of medical care [and] hospital service”, to include the power to observe patients in those facilities. The Department of Health, like all administrative agencies, "is clothed with those powers expressly conferred by its authorizing statute, as well as those required by necessary implication” (Matter of City of New York v State of New York Commn. on Cable Tel., 47 NY2d 89, 92). Where, as here, an agency’s interpretation of a statute is not irrational, unreasonable or inconsistent with the statutory purpose, it is entitled to deference by reviewing courts (Matter of Great Lakes-Dunbar-Rochester v State Tax Commn., 65 NY2d 339, 343). The 1981 amendment to the statute (L 1981, ch 508), * which, with regard to hospitals, only deleted the requirement of two inspections and instead left the number of inspections to the discretion of the Commissioner, does not in any way compel a different result.
We have examined petitioner’s other contentions and find them to be without merit.
Chief Judge Wachtler and Judges Meyer, Simons, Alexander, Titone and Hancock, Jr., concur; Judge Kaye taking no part.
Order affirmed, with costs, in a memorandum.
The statute was also amended this year in a manner not relevant to this appeal (L 1986, ch 208).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.