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MATTER OF SILVERCREST EXTENDED CARE FACILITY v. NOVELLO

280 A.D.2d 551 (2001)

720 N.Y.S.2d 393

In the Matter of SILVERCREST EXTENDED CARE FACILITY, Appellant, v. ANTONIA NOVELLO, as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided February 13, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the petitioners should seek relief in the prior proceeding pursuant to CPLR article 78 (see, Teitelbaum Holding v Gold, 48 N.Y.2d 51, 53; Matter of Leisner v Bahou, 97 A.D.2d 860, appeal dismissed 61 N.Y.2d 985, cert denied 469...

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