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CORTLAND MED. CTR. v. NOVELLO

40176

33 Misc.3d 777 (2011)

930 N.Y.S.2d 848

2011 NY Slip Op 21348

CORTLAND REGIONAL MEDICAL CENTER, INC., Formerly Known as CORTLAND MEMORIAL HOSPITAL, INC., Plaintiff, v. ANTONIA C. NOVELLO, as Commissioner of the Department of Health of the State of New York, et al., Defendants.

Supreme Court, Cortland County.

Decided October 5, 2011.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Albany ( Peter A. Lauricella of counsel), for plaintiff.

Eric T. Schneiderman , Attorney General, Syracuse ( Patricia M. Bordonaro of counsel), for defendants.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Cortland Regional Medical Center (CRMC) commenced an action seeking declaratory judgment that the Department of Health (DOH) wrongfully determined that a nursing home operated by CRMC was not eligible to share in a fund created to assist financially disadvantaged nursing homes and, further, that the statute creating the fund violates the Equal Protection Clauses of the United States and New York Constitutions. CRMC...

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