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IN THE MATTER OF MAGGIO v. DEBUONO

4 N.Y.3d 820 (2005)

829 N.E.2d 668

796 N.Y.S.2d 575

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

Court of Appeals of the State of New York.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Carol Fischer of counsel), for appellants.

Hamburger, Maxson, Yaffe, Wishod & Knauer, LLP, Melville (David N. Yaffe of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

The Department of Health's reclassification of certain "restorative therapy" patients at a residential health care facility who showed no actual improvement as "maintenance therapy" patients was neither arbitrary nor capricious (see Matter of Elcor Health Servs. v Novello,<...

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