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MATTER OF SBRIGLIO v. NOVELLO

44 A.D.3d 1212 (2007)

845 N.Y.S.2d 147

In the Matter of MARTIN SBRIGLIO et al., Appellants, v. ANTONIA C. NOVELLO, as Commissioner of Health, Respondent.

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

Decided October 25, 2007.

Mercure, J.P.

In 1993, the Public Health Council (hereinafter PHC) contingently approved petitioners' application for the establishment of a residential health care facility in the City of Newburgh, Orange County. Shortly thereafter, a representative of respondent contingently approved petitioners' application setting forth the scope and concept for construction of the facility. Petitioners then paid respondent a capital value fee (see Public Health Law §...

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