MATTER OF MENORAH CAMPUS INDEPENDENT SENIOR APARTMENTS, INC. v. NOVELLO


38 A.D.3d 1321 (2007)

832 N.Y.S.2d 355

In the Matter of MENORAH CAMPUS INDEPENDENT SENIOR APARTMENTS, INC., Respondent, v. ANTONIA C. NOVELLO, as Commissioner of State of New York Department of Health, et al., Appellants.

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

Decided March 16, 2007.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that petitioner is operating an adult care facility within the meaning of Social Services Law § 2 (21) and therefore is subject to sanctions for failing to obtain an operating...

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