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IN THE MATTER OF A. HOLLY PATTERSON EXTENDED CARE FACILITY v. DAINES

Index No. 004203/08 MOTION SEQUENCE #1

2008 NY Slip Op 31836 (U)

In the Matter of the Application of A. HOLLY PATTERSON EXTENDED CARE FACILITY, as Representative for SEYMOUR HARRISON, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. RICHARD F. DAINES, M.D., as Commissioner of the Department of Health of the State of New York, and JOHN E. IMHOF, PhD., as Commissioner of the Nassau County Department of Social Services, Respondents.

Supreme Court of the State of New York, Nassau County

Original Return Date: April 7, 2008

Submission Date: May 7, 2008

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, et al. Attorneys for Petitioner 1111 Marcus Avenue, Suite 107 Lake Success, NY

Lorna B. Goodman, Nassau County Attorney Attn: Ellen Abberbock, Deputy County Attorney Attorneys for Respondent County One West Street Mineola, NY

Anthony M. Cuomo, Attorney General Attn: Derrick Robinson, Assistant Attorney General Attorneys for Respondent State of New York NYS Attorney General's Office Mineola, NY

Petitioner A. Holly Patterson Extended Care Facility ("Holly Patterson") moves by Notice of Petition dated February 28, 2008, for judgment pursuant to Article 78 of the Civil Practice Law and Rules (1) annulling and reversing the final determination of respondents; (2) directing payment at the applicable Medicaid rates for care and treatment rendered to Seymour Harrison for the period from March 1, 2007, to present. Respondents oppose the application.

Petitioner is...

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