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MATTER OF FIRST BAPTIST CHURCH OF CROWN HEIGHTS CENTER FOR NURSING & REHABILITATION, INC. v. NOVELLO

297 A.D.2d 739 (2002)

747 N.Y.S.2d 775

In the Matter of FIRST BAPTIST CHURCH OF CROWN HEIGHTS CENTER FOR NURSING & REHABILITATION, INC., Respondent, v. ANTONIA NOVELLO, Appellant.

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

Decided September 23, 2002.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, it is declared that the subject moratorium is valid, and the appellant shall submit the methodology in question to the State Hospital Review and Planning Council on or before the latest date for it to be considered at the December 5, 2002, meeting of the State Hospital Review and Planning Council.

On August 3, 2000, the Department of Health...

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