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MATTER OF HILL PARK HEALTH CARE CENTER, INC. v. NOVELLO

12 A.D.3d 1010 (2004)

785 N.Y.S.2d 566

In the Matter of HILL PARK HEALTH CARE CENTER, INC., Appellant, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, Respondent.

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

November 24, 2004.

Peters, J.

In 1997, petitioner was issued an operating certificate (hereinafter certificate) by the Department of Health (hereinafter DOH) to operate a nursing home known as "The Waters of Syracuse" (hereinafter the facility), a 121-bed residential health care facility (see Public Health Law § 2801 [2]; § 2805) in the City of Syracuse, Onondaga County. On October 24, 2001, DOH recommended that the facility's provider agreement with Medicare/Medicaid...

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