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MATTER OF MILLER v. DeBUONO

248 A.D.2d 620 (1998)

669 N.Y.S.2d 926

In the Matter of Patricia Miller, Petitioner, v. Barbara A. DeBuono, as Commissioner of Health of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 23, 1998

Adjudged that the respondents did not improperly retroactively apply the provisions of 10 NYCRR 415.4 (b) (1) (ii) (b) and 42 CFR 483.13 (c) (1) (ii) (B) to the petitioner; and it is further,

Adjudged that the petition is granted to the extent that the matter is remitted to the respondent Commissioner of Health for a new determination as to whether, on the existing record, the allegation of patient abuse was substantiated...

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