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IN THE MATTER OF MAGGIO v. DEBUONO

4 A.D.3d 362 (2004)

771 N.Y.S.2d 543

In the Matter of PAUL, C. MAGGIO, Doing Business as PATCHOGUE NURSING CENTER, Respondent, v. BARBARA A. DEBUONO et al., Appellants.

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

February 2, 2004.

Ordered that on the Court's own motion the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified by (1) deleting the provision thereof which determined that the "actual improvement" standard used to determine if a patient was properly categorized as receiving restorative therapy was arbitrary and capricious, and (2) deleting the provision thereof...

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