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GREATER NY HEALTH v. DEBUONO

91 N.Y.2d 716 (1998)

697 N.E.2d 589

674 N.Y.S.2d 634

In the Matter of Greater New York Health Care Facilities Association et al., Petitioners, and Lyden Nursing Home et al., Intervenors-Appellants, v. Barbara DeBuono, as Commissioner of the State of New York, Department of Health, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Neiman Ginsburg & Mairanz, P. C., New York City (Marvin Neiman and Betsy R. Malik of counsel), for intervenors-appellants.

Dennis C. Vacco, Attorney-General, New York City (Michael S. Popkin, Barbara G. Billet, Peter H. Schiff and John W. McConnell of counsel), for respondents.

Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur; Chief Judge KAYE taking no part.

CIPARICK, J.

The question raised on this appeal is whether the claims of proposed intervenors may be related back to the filing date of the original petition, where proposed intervenors are unrelated to petitioners but similarly aggrieved by the administrative action challenged and their claims would expose respondents to additional liability. We conclude that in the circumstances presented here, proposed intervenors...

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