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IN THE MATTER OF BLOSSOM VIEW NURSING HOME v. NOVELLO, M.D.

5 A.D.3d 1056 (2004)

773 N.Y.S.2d 653

In the Matter of BLOSSOM VIEW NURSING HOME, Respondent, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health of State of New York, et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding in the nature of prohibition seeking a determination that any proposed audits by respondents of petitioner's patient review instruments (PRIs) for the years 1994 through 1996 would be untimely...

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