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BLOSSOM VIEW HOME v. NOVELLO

4 N.Y.3d 581 (2005)

830 N.E.2d 268

797 N.Y.S.2d 370

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

Court of Appeals of the State of New York.

Decided April 28, 2005.

Attorney(s) appearing for the Case

Harter, Secrest & Emery LLP, Rochester (Thomas G. Smith of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Caitlin J. Halligan, Daniel Smirlock and Nancy A. Spiegel of counsel), for respondents.

Neiman Ginsburg & Mairanz P.C., New York City (Marvin Neiman and Theodore T. Mairanz of counsel), for Concourse Rehabilitation & Nursing Center, Inc. and another, amici curiae.

O'Connell and Aronowitz, Albany (Cornelius D. Murray of counsel), for New York State Health Facilities Association, Inc., amicus curiae.

Cadwalader, Wickersham & Taft LLP, New York City (Peter G. Bergmann and Kathy H. Chin of counsel), for New York Association of Homes and Services for the Aging, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

In this CPLR article 78 proceeding, petitioner Blossom View Nursing Home (Blossom) appeals from an Appellate Division order dismissing its petition seeking to bar respondents Commissioner of Health and Director of the Division of the Budget from auditing its patient review instruments (PRIs) for the years 1994 though 1996. The New York State Department of Health (DOH) did not...

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