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IN THE MATTER OF ST. MARGARET'S CENTER v. NOVELLO

23 A.D.3d 817 (2005)

803 N.Y.S.2d 798

In the Matter of ST. MARGARET'S CENTER, by the CENTER FOR THE DISABLED CORPORATION, et al., Appellants, v. ANTONIA NOVELLO, as Commissioner of Health, et al., Respondents.

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

November 10, 2005.

Spain, J.

Petitioners operate a 38-bed speciality nursing facility for severely disabled infants and children and a 20-bed nursing facility for young adults. At the same site, as a logical supplement to these residential programs, petitioners also operate a 20-registrant adult day care program, called DayLight, for individuals between the ages of 21 and 64. Licensed by the Department of Health and certified as providers of services under the Medicaid program, petitioners...

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