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FIRST BAPTIST v. NOVELLO

188 Misc.2d 330 (2001)

728 N.Y.S.2d 881

FIRST BAPTIST CHURCH OF CROWN HEIGHTS CENTER FOR NURSING & REHABILITATION, INC., Petitioner, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, Respondent. (Action No. 1.) URBAN STRATEGIES, INC., Petitioner, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, Respondent. (Action No. 2.)

Supreme Court, Kings County.

April 24, 2001.

Attorney(s) appearing for the Case

Goldberg & Cohn, P. C., Brooklyn (Elliot S. Martin of counsel), Gerard A. Walters, New York City, and Tenzer & Lunin, New York City, for petitioners.

Eliot Spitzer, Attorney General, New York City (Mona Jha of counsel), for respondent.

OPINION OF THE COURT

MARGARET CAMMER, J.

In this CPLR article 78 proceeding, petitioners First Baptist Church of Crown Heights Center for Nursing & Rehabilitation, Inc. (First Baptist) in action No. 1 and Urban Strategies, Inc. (Urban Strategies) in action No. 2 move, individually, by separate orders to show cause, for: (1) a judgment declaring that the Department of Health of the State of New York...

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