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IN THE MATTER OF LAKESIDE MANOR HOME FOR ADULTS, INC. v. NOVELLO

21 A.D.3d 416 (2005)

799 N.Y.S.2d 583

In the Matter of LAKESIDE MANOR HOME FOR ADULTS, INC., Appellant, v. ANTONIA C. NOVELLO, et al., Respondents.

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

August 8, 2005.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the sixth affirmative defense is stricken.

The instant proceeding challenges a determination denying the petitioner's application for Quality Incentive Payment Program (hereinafter QUIP) benefits for the 2002-2003 fiscal year. The petitioner submitted its application for those benefits on or about May 14, 2003, and the petitioner was notified that the application was denied...

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