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MATTER OF CHAPIN HOME FOR THE AGING v. NOVELLO

506613.

66 A.D.3d 1288 (2009)

888 N.Y.S.2d 252

2009 NY Slip Op 7718

In the Matter of CHAPIN HOME FOR THE AGING, Petitioner, v. ANTONIA NOVELLO, as Commissioner of Health, et al., Respondents.

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

Decided October 29, 2009.

Cardona, P.J.

Petitioner operates a skilled nursing facility located in Queens County (hereinafter the Chapin property) and is an enrolled provider in the Medicaid program. In 1981, petitioner applied to the Department of Health (hereinafter DOH) to construct a new facility elsewhere in Queens (hereinafter the Ottilie property). Included in that plan was petitioner's intention to sell the Chapin property in order to partially finance construction of the Ottilie property...

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