MATTER OF JOHN E. ANDRUS MEMORIAL HOME v. DEBUONO


260 A.D.2d 635 (1999)

688 N.Y.S.2d 687

In the Matter of JOHN E. ANDRUS MEMORIAL HOME et al., Respondents, v. BARBARA A. DEBUONO, as Commissioner of the Department of Health of the State of New York, et al., Appellants.

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

Decided April 26, 1999.


Ordered that the order and judgment is affirmed, with one bill of costs.

At issue on this appeal is the interpretation of certain admission agreements signed by the individual petitioners upon entering the John E. Andrus Memorial Home (hereinafter the Home), a senior residence and health center. The New York State Department of Health, after a fair hearing, determined that pursuant to those agreements, the Home had obligated itself as a third-party payor to which...

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