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NEW YORK COALITION FOR QUALITY ASSISTED LIVING, INC. v. NOVELLO

504291.

2008 NY Slip Op 06343

NEW YORK COALITION FOR QUALITY ASSISTED LIVING, INC., ET AL., Appellants, v. ANTONIA C. NOVELLO, as Commissioner of Health, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P.C., Albany (Jane Bello Burke of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

Plaintiffs, which are adult homes,1 an association representing the interests of adult homes and an association representing registered nurses, commenced this declaratory judgment action challenging defendant's promulgated regulation regarding assistance with the self-administration of medication (see 18 NYCRR 487.7 [f]) and a "Dear Administrator Letter" (hereinafter DAL) that defendant...

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