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MENORAH SR. APTS. v. NOVELLO

11 Misc.3d 668 (2005)

809 N.Y.S.2d 425

MENORAH CAMPUS INDEPENDENT SENIOR APARTMENTS, INC., Petitioner, v. ANTONIA C. NOVELLO, as Commissioner of the State of New York Department of Health, et al., Respondents.

Supreme Court, Erie County.

November 29, 2005.

Attorney(s) appearing for the Case

Kavinoky & Cook, LLP (Samuel L. Shapiro of counsel), for petitioner.

Eliot Spitzer, Attorney General (Ann C. Williams of counsel), for respondents.

OPINION OF THE COURT

JOHN M. CURRAN, J.

This is a CPLR article 78 proceeding wherein petitioner seeks a judgment annulling respondents' determination that petitioner is operating an "Adult Care Facility" (ACF) without an operating certificate. Following denial of respondents' motion to dismiss pursuant to the memorandum decision and order granted and entered on March 18, 2005, respondents submitted their answer...

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