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MATTER OF BENEDICTINE HOSPITAL v. GLESSING

47 A.D.3d 1184 (2008)

850 N.Y.S.2d 291

In the Matter of BENEDICTINE HOSPITAL, as Receiver of HUTTON NURSING HOME, Respondent, v. CHARLES A. GLESSING, Doing Business as HUTTON NURSING HOME, Appellant, and DEPARTMENT OF HEALTH, Respondent, et al., Respondent.

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

Decided January 31, 2008.

Spain, J.

In 1983, Hutton Nursing Home (hereinafter the Home) entered into a receivership agreement with respondent Charles A. Glessing and respondent Department of Health (hereinafter DOH), naming Glessing as receiver of the Home. Glessing operated the Home for over 20 years as its receiver. During that time, a CPLR article 78 proceeding was commenced, on behalf of the Home and other petitioners, challenging certain adjustments made by DOH to the State's Medicaid...

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